Hvalica v Wollongong CC [2025] NSWLEC 119
This case is about the scope of extrinsic materials available in determining purpose around whether words could be read into an environmental plan4.
The judge (at [58-60]) referred to the ‘liberality’ of the modern approach, and that ‘indeed any material that may throw light on the meaning’ of the instrument could be consulted5. Caution was expressed as to whether non-public materials could be accessed6. The communications in question here merely reflected private subjective opinions of people involved rather than any official notional position of government. Comment – This case does not refer to Ravbar, decided before Hvalica was heard – see Episode 122.
This principle is from Episode 127 of interpretation NOW!
Footnotes:
4 cl 4.1A(3)(a) Wollongong Local Environmental Plan 2009.
5 Stevens [2005] HCA 58 [124] quoted, cf Pearce 10th ed [3.25-3.26].
6 [78] citing Hillside [2022] UKSC 30 [27], Hunter [2019] NSWCA 147 [64].