Session Catalogue


Codelfa and Ambiguity: Adducing Extrinsic Evidence in Aid of Contractual Interpretation


Adam Rollnik and Daniel Briggs discuss the requirements for admission of evidence of surrounding circumstances in contractual interpretation, and the development of the requirements from Codelfa and Mount Bruce through recent cases.


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Full Description

Adam Rollnik and Daniel Briggs, barristers and members of the Building and Construction section of CommBar, discuss the construction of contracts and the circumstances in which a court will admit evidence of the surrounding circumstances as an aid to contractual interpretation.

Adam Rollnik introduces the topic, and discusses the “true rule” as articulated by Mason J in Codelfa v State Rail. Rollnik also briefly touches on the recent HCA consideration of Codelfa in Mount Bruce Mining Pty Ltd v Wright Prospecting decided in 2015.

Daniel Briggs considers how Codelfa and Mount Bruce have been applied of late in the Supreme Court of Victoria and the Court of Appeal.


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