K & S Lake City Freighters Pty Ltd v Gordon & Gotch Ltd
157 CLR 30960 ALR 509
(Judgment by: Brennan J)
K & S Lake City Freighters Pty Ltd
v Gordon & Gotch Ltd
Judges:
Gibbs CJ
Mason J
Brennan JDeane J
Dawson J
Subject References:
Contract
Statutes
Judgment date: 1 August 1985
Canberra
Judgment by:
Brennan J
In choosing between a primary, broader meaning of words in a section and a secondary, narrower meaning that corresponds with the subject matter dealt with in surrounding sections, it is relevant to consider whether the particular section has an operation independent of the operation of the surrounding sections or whether the operation of the particular section affects or is affected by the operation of the surrounding sections. The operation of s 133 of the Motor Vehicles Act 1959 (SA) is independent of the operation of the other sections in Part IV of that Act. That circumstance and the factors which Deane J. discusses in his reasons for judgment and which lead his Honour to dismiss the appeal lead me to the same conclusion.
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