The process of ascertaining the meaning of a commercial agreement by reference to its text, structure and evident aims and commercial purposes is interpretation, not implication of terms, and is not precluded by an entire agreement clause. The distinction between interpretation and implication is recognised even though the limits of each are not capable of clear definition. The construction of a particular, non-standard form contract will not add to the certainty of commercial law for the purposes of s 38(5)(b) of the Commercial Arbitration Act 1984 (NSW).
The full text is available to signed-in members, including the 6 later cases that cite this judgment.
1 of the 6 citing cases carry a classified treatment. How each court treated it is available to signed-in members.