Co-Operative Bulk v Martinus [2026] WASCA 82
The phrase ‘in accordance with’ is common and takes its colour from its context10. Regulations said that a document is given by email when it is taken to be received by the person ‘in accordance with’ relevant electronic transactions laws – that is, when it is capable of being retrieved by the addressee11.
The court noted (at [77]) that the phrase has a range of meanings including being in harmony with or consistent with, as well as requiring ‘complete identity between one thing and another’12. It was held that the phrase meant ‘in accordance with the legal effect’ of the electronic transactions laws. It did not matter what the parties agreed themselves.
This principle is from Episode 136 of interpretation NOW!
Footnotes:
10 Pearce 10th ed [12.16], Herzfeld & Prince [4.360] generally.
11 s 14(1)(a) Electronic Transactions Act 2011 (WA).
12 Dawson [2019] WASCA 102 [154], cf ABCC [2018] FCAFC 88 [74-81].