Unions NSW v NSW [2019] HCA 1
Episode 44 commented that purpose and context are to be considered ‘at the same time’ as the text when interpreting provisions. In this electoral funding case (at [169]), Edelman J makes important observations about statutory purpose and context.
The search for purpose, ‘involves a construct used to determine the meaning of the words’. …
Bupa HI v Andrew Chang Services [2018] FCA 2033
The same principles as apply in the interpretation of statutes apply to legislative instruments – in this case, the Medicare Benefits Schedule. Because the MBS ‘prescribes technical matters’, it is to be construed ‘in light of practical considerations to achieve the most reasonably practicable result’2.
The court also …
Mulpha Australia v CSPC [2018] NSWLEC 179
This case, about an old Sydney building, raised the meaning of ‘land’ in heritage legislation5. The NSW interpretation provision required ‘a construction that would promote the purpose or object underlying the Act …’6. Section 15AA was in this form until amended in 2011 to require a construction ‘that would …
Comptroller v Pharm-A-Care [2018] FCAFC 237
Food classification cases are arid forensic exercises9. Question – are vitamin gummies (1) ‘medicaments’ (free from duty) or (2) ‘food supplements’ (subject to duty) for customs tariff purposes?10 Answer – (1).
The following points are important – (A) the meaning of ordinary words (like ‘food’) is a question of law11…
Country Carbon v CER [2018] FCA 1636
This case considers the relationship between purpose and context. Mortimer J (at [118-119]) said there was a ‘contradiction inherent’ in determining purpose, because (A) purpose is the ‘governing tool’ in fixing meaning, (B) purpose resides in the text and structure of the Act, and (C) the text ‘must be given meaning before purpose …
Nature’s Care v AMCL [2018] FCA 1936
Whether fish oil capsules could be described as ‘made in Australia’ depended on whether foreign processing made them fundamentally different in ‘identity, nature or essential character’ to their ingredients5. Was this expression a composite one to which the principles in Sea Shepherd applied?6
‘No’ said Perram J (at [32-34]). As …
Re ACN 063 346 708 [2018] NSWSC 1709
Notes form part of the Act9 and cannot be ignored for interpretational purposes. If there is a conflict between a note and the text, however, the text always prevails10 – no surprise here. In this case, about reinstatement of a company under the Corporations Act, Rees J (at [34]) relied …
Meskovski v DPP [2018] VSCA 293
When statutory language is re-enacted in a different form, it is generally taken to indicate a different meaning13. This is a natural and common-sense presumption of ordinary usage. Insertion of the word ‘undue’ before ‘hardship’ in the statute, the court said (at [94]), showed parliament’s determination to impose a ‘greater stringency’.
In …
Pfizer Ireland v Samsung [2017] FCAFC 193
Change the words and you change the meaning – that’s standard. Some jurisdictions1, however, have provisions about ‘changes to style’2. s 15AC says that where the later Act ‘appears to have expressed the same idea in a different form of words for the purpose of using a clearer style …
Owners v Multiplex Hurstville [2018] NSWSC 1488
The issue in this building dispute was whether the development manager was liable on warranties as an ‘owner’ under home building laws. ‘Owner’ was defined as the only person ‘entitled to the land for an estate of freehold in possession’ or ‘entitled to receive … the rents and profits of the land …’ …
