Hostname: page-component-cd9895bd7-dk4vv Total loading time: 0 Render date: 2024-12-23T17:18:10.994Z Has data issue: false hasContentIssue false

INTERPRETATION AND RECTIFICATION IN AUSTRALIA

Published online by Cambridge University Press:  17 November 2017

Get access

Extract

Both interpretation and rectification continue to pose problems. Difficulties are compounded by blurring the boundary between the two. In Simic v New South Wales Land and Housing Corporation [2016] HCA 47, the High Court of Australia overturned the decisions of the lower courts which had held that performance bonds could be interpreted in a “loose” manner in order to correct a mistake. However, the documents could be rectified in order to reflect the actual intentions of the parties. This decision should be welcomed: the mistake was more appropriately corrected through the equitable jurisdiction than at common law. Significantly, the concurring judgments of French C.J. and Kiefel J. highlight that the law of rectification now seems to be different in Australia from the law in England. It is to be hoped that the English approach will soon be revisited (see further P. Davies, “Rectification versus Interpretation” [2016] C.L.J. 62).

Type
Case and Comment
Copyright
Copyright © Cambridge Law Journal and Contributors 2017 

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)