Back to basics

BPG Caulfield Village v CSR [2016] VSC 172

The past dozen episodes of iNOW! cover a decent range of interpretational issues.  Regularly, however, courts direct us back to the basics. 

This case (at [32]) quotes Alcan3 for the following – (A) interpretation ‘must begin with a consideration of the text itself’, (B) historical considerations and extrinsic materials cannot ‘displace the clear meaning’, (C) the language of the text is the ‘surest guide to legislative intention’, (D) the meaning of the text ‘may require consideration of the context’, and (E) context includes the general purpose and policy of a provision and the ‘mischief it is seeking to remedy’. 

This case is from Episode 13 of interpretationNOW!


Alcan [2009] HCA 41 (at [47]).