An elephant by any other name may not smell as sweet: the decision of the NSW Court of Appeal in Cro Travel Pty Ltd v Australia Capital Financial Management and what the future may need to deliver

When there is an invisible elephant in the room, from time to time, one is bound to trip over a trunk. On 13 July 2018, the New South Wales Court of Appeal handed down the anticipated decision in Cro Travel Pty Ltd v Australia Capital Financial Management [2018] NSWCA 153, an appeal from the decision…

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Tripping the Light fantastic – “The true rule” and the admissibility of extrinsic material in contractual interpretation

Tripping the Light fantastic – “The true rule” and the admissibility of extrinsic material in contractual interpretation A quick and nimble dance through the High Court’s excursus of contractual interpretation and the necessity of a “constructional choice” for the admissibility of extrinsic material. In the interpretation of a contract, be it a policy of insurance…

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