Campbelltown Central v CCSR [2025] NSWSC 1568
Bennett J held that ‘confirmation deeds’ involved no declaration of trust for duties purposes. Our interest in the case is twofold. First, the ‘well established’ principles by which contracts are read are set out13. Second, it was confirmed that it is not necessary to find ambiguity before ‘surrounding circumstances’ can be looked at14. Only objective circumstances known to all parties can be taken into account.
Comment – This case shows a growing consensus in intermediate courts that surrounding circumstances may be consulted as a first step to determining if ambiguity is present. It remains for the High Court to provide full clarity on this longstanding issue15.
This principle is from Episode 129 of interpretation NOW!
Footnotes:
13 [18], Woodside [2014] HCA 7 [35] quoted, cf Ecosse [2017] HCA 12 [16-17].
14 [19, 67], Cherry [2017] NSWCA 295 [77-85], Mount Bruce [2015] HCA 37 [50].
15 cf Jireh [2011] HCA 45, Seddon & Bigwood Cheshire & Fifoot [10.12].