The principle against construing a statutory definition by reference to the term defined does not preclude reference to the language of the defined term when the task is to resolve a conflict between two overlapping provisions of the instrument as a whole. When two rating categories overlap, the conflict must be resolved by identifying which provision must give way, and the ordinary meaning of the defined term is legitimately part of that analysis. A 'best fit' or 'question of degree' approach to rating categorisation is impermissible.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.
1 of the 2 citing cases carry a classified treatment. How each court treated it is available to signed-in members.