Rules of evidence assisting the construction of contracts inter partes, of the nature explained by authorities such as Codelfa Construction Pty Ltd v State Rail Authority of NSW, do not apply to the construction of registered easements under the Torrens system.
Gray P, Buchanan JJ
When construing a Crown Lease registered under the Torrens title system, extrinsic materials cannot be used to resolve ambiguities. Template or standard form leases must be interpreted in the abstract before concluding that drafting flaws exist. A defined composite term such as 'Building' that encompasses all buildings on the land applies collectively, not individually, even where the indefinite article 'a' is used.
No headnote yet — we'll generate the full structured AI headnote for you.
Generate the headnoteFree trial · no card required
Legal principles extracted from this case
Cases considered by Springrange Pty Ltd v Australian Capital Territory & ACT Planning and Land Authority
Cases that have considered Springrange Pty Ltd v Australian Capital Territory & ACT Planning and Land Authority
Judicial Consideration (Chronological)