Sep 6, 2018 | Statutory Construction
Roads and Maritime Services v Desane Properties Pty Ltd [2018] NSWCA 196 At the forefront of Desane’s submissions in this Court was the proposition that the Court should hesitate to condone departures from the ministerially Approved Forms because of the principle of...
Sep 5, 2018 | Statutory Construction, Words & phrases
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”)...
Dec 11, 2017 | Negligence, Statutory Construction
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). South West Helicopters Pty Ltd v Stephenson [2017] NSWCA...
May 25, 2017 | Statutory Construction
Workers Compensation (Dust Diseases) Authority v Cunha [2017] NSWCA 111 Thirdly, in Miles v SAS Trustee Corporation [2017] NSWCA 86, an appeal like this from the District Court exercising its residual jurisdiction, but determined after the decision of the primary...
May 16, 2017 | Statutory Construction
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...
Dec 24, 2015 | Statutory Construction
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...
