LWZ115 Lecture Notes - Lecture 4: Plain Meaning Rule, Amalgamated Society Of Engineers V Adelaide Steamship Co Ltd, Interpretation Act 1978
Statutory approaches to statutory interpretation and introduction to IRAC
Review- from last week
Literal approach- Amalgamated Society of Engineers v Adelaide Steamship Co Ltd
(1920) CLR 129 ( the Engineers’ Case)
‘natural and ordinary’ meaning of the words
Can consult a (Macquarie) dictionary- State Chamber of Commerce and
Industry v Commonwealth (1987) 163 CLR 329 at 348.
Golden Rule- Grey v Pearson (1857) 6 HL Cas 61, Adler v George [1964] 2 QB 7
Purposive approach- (Mischief Rule) Heydon’s case (1584) 3 Co Rep 7a, 7b; 76 ER
637, 638, Maritime Services Board of New South Wales v Posiden Navigation Inc
[1982] 1 NSWLR 72
Real case example- the purposive approach
Maritime Services Board of New South Wales v Posiden Navigation Inc [1982] 1
NSWLR 72
Oil Pollution of Navigable Waters Act 1960 (NSW)
Preamble ‘This is an act relating to the prevention of pollution of navigable waters by
oil…’
s7E(3)… where the board has incurred expenses or other liabilities in the exercise of
its powers … the total amount of those expenses and liabilities…
(a) is a debt … [recoverable by the board]
Continued
Yeldham J stated:
“In my view the mischief and defect for which … 7E …and… provisions of the
statute in general, were directed, was the conferring upon the harbour authority of the
power to itself prevent or eradicate pollution by oil, with all its terrible consequences,
and to recover in full against the ship owner for the cost of cleaning up, whether or
not that involved paying out moneys to any third party…”
Defintions from other legislation
Generally not applicable
The general exception to this is where the legislation a) is from the same jurisdiction
and b) deals with the same or very similar subject matter (in pari materia)
Eg: Re Metropolitan Film Studios Ltd’s Application [1962]1 WLR 1315
Eg Alfonso v Northern Territory [1999] NTSC 117
TO CONTINUE- We need to look at the relevant interpretation act provisions
Acts Interpretation Act 1901 (Cth) s15AA
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Statutory approaches to statutory interpretation and introduction to irac. Literal approach- amalgamated society of engineers v adelaide steamship co ltd (1920) clr 129 ( the engineers" case) Natural and ordinary" meaning of the words. Can consult a (macquarie) dictionary- state chamber of commerce and. Industry v commonwealth (1987) 163 clr 329 at 348. Golden rule- grey v pearson (1857) 6 hl cas 61, adler v george [1964] 2 qb 7. Purposive approach- (mischief rule) heydon"s case (1584) 3 co rep 7a, 7b; 76 er. 637, 638, maritime services board of new south wales v posiden navigation inc. Maritime services board of new south wales v posiden navigation inc [1982] 1. Oil pollution of navigable waters act 1960 (nsw) Preamble this is an act relating to the prevention of pollution of navigable waters by oil ". S7e(3) where the board has incurred expenses or other liabilities in the exercise of its powers the total amount of those expenses and liabilities .
