Ecosse Property Holdings Pty Ltd v Gee Dee Nominees Pty Ltd
[2017] HCA 12
Citation 1
(Para 1)
…As recently stated by the High Court in Ecosse Property Holdings Pty Ltd v Gee Dee Nominees Pty Ltd [2017] HCA 12 at [16] (per Kiefel, Bell and Gordon JJ): It is well established that the terms of a commercial contract are to be understood objectively, by what a reasonable businessperson would have understood th…
Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd
[2015] HCA 37
Citation 2
(Para 2)
…The principles were summarised by French CJ, Nettle and Gordon JJ in Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd (2015) 256 CLR 104, 116–17 [46]–[51]: The rights and liabilities of parties under a provision of a contract are determined objectively, by reference to its text, context (the entire text of the…
Electricity Generation Corporation v Woodside Energy Ltd
[2014] HCA 7
Citation 3
(Para 1)
…purpose sought to be achieved by the terms of the lease. It follows, as was pointed out in Electricity Generation [Corporation v Woodside Energy Ltd [2014] HCA 7 at [35]], that the court is entitled to approach the task of construction of the clause on the basis that the parties intended to produce a commercia…
McCann v Switzerland Insurance Australia Ltd
[2000] HCA 65
Citation 4
(Para 2)
…– ‘in a practical and realistic way, not in a way which adopts an overly fine or theoretical approach that is alien to commercial agreement’: McCann v Switzerland Insurance Australia Ltd (2000) 176 ALR 711 at 729 (per Kirby J).…
Westpac Banking Corporation v Tanzone Pty Ltd
[2000] NSWCA 25
Citation 5
(Para 4)
…ases, the contract should be construed to avoid that result by supplying, omitting or correcting words: Westpac Banking Corporation v Tanzone Pty Ltd (2000) BPR 17,521 at [19] – [20] (New South Wales Court of Appeal per Priestley and Fitzgerald JJA and Foster AJA).…
Australian Broadcasting Commission v Australasian Performing Right Association Ltd
[1973] HCA 36
Citation 6
(Para 3)
…which appear capricious, unreasonable, inconvenient or unjust’: Australian Broadcasting Commission v Australian Performing Right Association Ltd (1973) 129 CLR 99 at 109 (per Gibbs J).…