Plain Meaning and Commercial Construction : Has Australia Adopted the ICS Principles?

In this article Professor McLauchlan discusses the effects of Lord Hoffmann’s famous restatement of the fundamental principles of contract interpretation in the Investors Compensation Scheme case and traces the history of its reception in Australia. He argues that the case law is characterised by misunderstandings and mixed messages and concludes that the status of the restatement in Australia remains problematic. Indeed, he suggests that, if the reasoning of the New South Wales Court of Appeal in Kooee Communications case is correct, the Investors Compensation Scheme case itself would have to be decided differently in Australia