In Northern Territory v Mengel,1 an appeal from a decision of the Northern Territory Court of Appeal, 2 the High Court has taken the opportunity of overruling Beaudesert Shire Council v Smith.3 Long regarded by commentators as an aberration, and rarely used, the principle in Beaudesert allowed recovery for loss suffered as the inevitable consequence of any unlawful, intentional and positive act of another, independently of proof of negligence, nuisance or trespass.4 This note will summarise the High Court's decision, consider the neat dichotomy employed by the Court to delimit the liability of public officials, and conclude with some general comments on the trend in the High Court's approach to torts.