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"Means and includes" September 5, 2018


Council of the Law Society of New South Wales v Bouzanis [2017] NSWCA 330
  1. 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 seen to be included. Of this kind of definition, the High Court in BHP Billiton Iron Ore Pty Ltd v National Competition Council (2008) 236 CLR 145; [2008] HCA 45 said:

“32  … As a general proposition, the adoption of the definitional structure ‘means and includes’ indicates an exhaustive explanation of the content of the term which is the subject of the definition, and conveys the idea both of enlargement and exclusion.  In doing so, the definition also may make it plain that otherwise doubtful cases do fall within its scope.” (internal citations omitted)

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