Karpik v Carnival plc [2023] HCA 39
Passengers who caught COVID on a cruise sued the vessel owner under unfair contract provisions in the Australian Consumer Law13. One issue was whether the consumer provisions applied to contracts made offshore and to things done outside Australia.
Where the presumption of extraterritoriality arises, the ‘starting point is always the interpretation …
Given the time of year, something might be said about holidays and interpretation. Usually, if an Act requires or allows a thing to be done and ‘the last day for doing the thing is a Saturday, a Sunday or a holiday1: then the thing may be done on the next day that is not a Saturday, a Sunday …
Kingston v Transport for Victoria [2023] VSC 618
In this case, Quigley J examines the interpretation principles applicable to compulsory acquisition.
First, the right to compensation is ‘entirely statutory’6. Second, although these statutes are subject to the usual rules of interpretation, ‘obscure matters should be resolved in favour of the dispossessed party’7. Third, this means that …
Jusand Nominees v Rattlejack [2023] FCAFC 178
An issue in this infringement case was whether the patent specification disclosed and supported the invention9. The statutory requirements had been amended to align our law with offshore practice. On the basis they were ‘ambiguous’ under s 15AB(1)(b)(i) of the Acts Interpretation Act, Perram J had regard to extrinsic materials …
EPA v Sydney Water [2023] NSWLEC 119
SW resisted a subpoena for documents because their sole purpose was that of a ‘voluntary environmental audit’ (protected). The interpretation point was how this composite expression was to be construed.
Moore J said the ‘task is to construe the language of the statute, not individual words’11. Composite expressions are …
Russell v R [2023] NSWCCA 272
This ‘extreme body modification’ case is a sequel to the genital mutilation decision, R v A2 [2019] HCA 35. R was convicted of genital mutilation14 – labiaplasty on a consenting adult female. He appealed on the basis High Court dicta made it clear the offence was confined to ritual acts committed on female …
The Melbourne Cup was run this month and a horse named Interpretation came sixth. Horseracing and statutory interpretation have one thing in common. They are both about picking winners. A degree of ‘interpretation’ may be applied to the form-guide, and there are any number of ‘systems’ dedicated to this exciting pursuit. They include raw statistics, urban mythology, superstition and the …
AER v Pelican Point Ltd [2023] FCA 1110
A regulator sought declarations that Pelican had under-reported the electricity it could produce on a given day. Pelican argued that any doubt or ambiguity in the civil penalty provisions should be resolved in its favour. Besanko J (at [680]) agreed generally2.
This is similar to criminal situations where, if real …
Croc’s Franchising v Alamdo [2023] NSWCA 256
Did COVID regulations protect Croc’s as an ‘impacted lessee’ from termination by Alamdo?4 Clause 7 required regard be had to National Code principles when decisions affected ‘impacted lessees’.
While ordinary interpretation principles apply to delegated legislation5, that legislation will often not be drafted with the same care as statutes…
Granville Hotel v ILGA [2023] NSWCA 248
Granville’s application to operate pokies late at night was rejected on the basis there were insufficient gaming ‘venues’ proximate to the hotel. The dispute turned solely on whether ‘venues’ in a guideline8 included the singular9. Granville argued it should.
Kirk JA (at [32]) accepted that the Interpretation Act applied to …
