Williams v Toyota Motor Corp [2024] HCA 38
The little word ‘or’ often causes problems. Here, it was used between paragraphs in the definition of ‘affected person’ in manufacturer damage clauses.
Usually ‘or’ is read disjunctively to produce discrete options to be met. Jagot J (at [155]) confirmed that this is not always the case, and that ‘or’ may have an ‘ambulatory and cumulative’ operation10. Legislative history and cases under similar provisions confirmed this. Accordingly, there could be more than one ‘affected person’ in this regard. What is important to appreciate is the different roles which ‘or’ may play in legislative contexts. Herzfeld & Prince 2nd ed (at [5.260]) provides a range of practical examples.
This principle is from Episode 115 of interpretation NOW!
Footnotes:
10 Electricity Trust 51 FCR 540 (547), cf McIntosh[2021] NSWCA 221 [13-15].