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.
