Hani v Bank Audi SAL [2026] SASC 107
When Hani sought recovery of funds from a Beirut bank, interpretation of Lebanese statutes became an issue. As our courts know not foreign law13, its meaning is a question of fact to be proved by expert evidence14. Stein CJ (at [710]) noted that the expert gave unchallenged evidence that Lebanese principles of interpretation ‘bear some resemblance’ to ours.
The starting point is the text which, if ambiguous, takes the meaning that ‘best reflects the intention of the legislature’. Meaning is derived ‘in the light of the whole text’ to ensure effectiveness, and to achieve the intended purpose ‘taking into account evolving social and economic conditions’15.
This principle is from Episode 136 of interpretation NOW!
Footnotes:
13 Neilson [2005] HCA 54 [115], Shi [2021] HCA 22 [31], Episode 114.
14 Waung [1968] 3 NSWR 499 (503), cf McComish (2007) 31 MULR 400.
15 This last point may approximate to our ‘always speaking’ principle.