Statutory Construction

Compulsory acquisition; statutory construction; vested rights

By robert / September 6, 2018 / Comments Off on Compulsory acquisition; statutory construction; vested rights

Roads and Maritime Services v Desane Properties Pty Ltd [2018] NSWCA 196

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"Means and includes"

By robert / September 5, 2018 / Comments Off on "Means and includes"

  Council of the Law Society of New South Wales v Bouzanis [2017] NSWCA 330 I turn now to the definition of “trust money” in s 243. The definition is of the not unfamiliar kind that begins with a broad statement (“means”) to which is added (“and includes”) additional items that may not otherwise be…

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Recovery of compensation payments

By robert / December 11, 2017 / Comments Off on Recovery of compensation payments

The question to be determined by the Court was whether Parkes Shire Council was able to recover payments of workers’ compensation from South West under s 151Z of the Workers Compensation Act 1987 (NSW).  

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Construing statutes: grossly unfair, perverse and anomalous – not relevant

By robert / May 25, 2017 / Comments Off on Construing statutes: grossly unfair, perverse and anomalous – not relevant
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Legislative mistakes

By robert / May 16, 2017 / Comments Off on Legislative mistakes

  Nash v Silver City Drilling (NSW) Pty Ltd [2017] NSWCA 100 A definition using the term “means” is generally to be understood as exhaustively defined by what follows. Because the definition of “sentence” has 11 paragraphs, which include many kinds of order which would not ordinarily be thought of as part of the sentence,…

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The meaning of words

By Robert Sheldon / December 24, 2015 / Comments Off on The meaning of words

As Lord Hoffmann explained in R v Brown, [20] in a passage cited with approval in Collector of Customs v Agfa-Gevaert Ltd: [21] “The unit of communication by means of language is the sentence and not the parts of which it is composed. The significance of individual words is affected by other words and the…

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Statutory construction and the rule against double compensation

By Robert Sheldon / September 11, 2015 / Comments Off on Statutory construction and the rule against double compensation

STATUTORY INTERPRETATION – application of general law principles to statutory compensation scheme – construing two statutes of the same legislature conformably – whether provisions of one statute picked up by second statute WORKERS’ COMPENSATION – dust diseases – whether qualified claimant entitled to payment of benefit – whether Dust Diseases Board entitled to refuse claim…

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