Topic: Interpretation

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Interpreting a settlement agreement

The Supreme Court of Appeal, in Pelham Stephanus Bothma and Others v Tertius Bothma N.O and Another (Case number 748/2019) [2021] ZASCA 46 (15 April 2021), re-affirmed the position regarding the interpretation of legal documents, re-stating the principle that only admissible evidence of context, conservatively applied, may be led in resolving an interpretation dispute. The dispute … Continue reading

Interpretation: “subsequent amendment” to a statute does not refer to a replacement statute (Aus)

In June 2021 the High Court of Australia held that a clause in a business interruption policy that excluded diseases that were “declared to be quarantinable diseases under the Quarantine Act, 1908 and subsequent amendments” did not include diseases quarantinable under the Biosecurity Act, 2015 which had repealed and replaced the 1908 Act. The insurers … Continue reading
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