Essay on Mr james bing

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Statutory Interpretation

Literal Rule
A court might choose to give words of a statute their ordinary (literal) meaning even if this might produce an absurd, unjust, inconsistent, meaningless result.
Higgins J in Amalgamated Society of Engineers v Adelaide Steamship.
Fisher v Bell – Shopkeeper charged with displaying flick knife in shop window with price tag.

Golden Rule
Take the ordinary and everyday meaning of a word. If the result is absurd or inconsistent with the rest of the statute, then the court will use a meaning that removes the absurdity or inconsistency.
Adler v George
Statute: “Offence to create an obstruction in the vicinity of a prohibited place”…… The obstruction occurred inside the prohibited place….
Court used golden rule: “In the vicinity” of deemed to be read: “In or in the vicinity of”

The Purpose approach
Requires an interpretation of the words of a statue in the way intended by parliament to give effect to the purpose of the act.
Interpretation of Legislation Act 1984

Maxims of Interpretation
1. Words of the same kind.
Where particular words are followed by a general word, the general word may be interpreted as restricted to the same class as the particular words.
Eg: Koalas, Kangaroos, Emus, wombats and other animals.
“Other animals would refer to native Australian Animals.

Att. Gen v Waverly Council (1979)
Statute: Provided council with power over “grandstands, pavilions, seats, shelter sheds, picnic kiosks and other buildings” for public use.
Held: Using the “Ejusdem Generis” rule – specific words formed part of one group of words.

2. Noscitur a Sociis (One is known by the company one keeps)
This rule tells us how to interpret a particular word in a group of words.
Eg “Arms, ammunition and gunpowder”
What does “Arms” mean.

Ricchardson v Austin (1911)
“Streets, lanes, entries or other public passages or places”
What does “Places” mean?
Held: “place needs to be read in the context of the other words in the sentence”
Penal Statues – Should be broadly read
Penal statues – those which impose jail, fines and penalties should be read broadly These confer freedoms and thus need to be construed broadly in favor of the citizen – in the event of ambiguity

Business Structures

Unincorporated Associations
“ Not for profit”
Where persons form a club, society or any other not for profit group to conduct some public purpose “ Eg, Football club, without any registration as a company – then it is an unincorporated body
Unincorporated associations – have no legal status and cannot own property (Peckham v Moore)
Peckham v Moore (1975)
Peckham was a footballer, injured and sued for workers compensation, club was unincorporated, committee was held liable by the court, committee in turn claimed against the club’s funds.

Joint Ventures
A joint venture is not a separate entity but is rather composed of a number of separate and independent entities who are not (like a partnership) mutually
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