Contract construction - Uncertainty remains

The High Court has refused to answer the contractual construction question of whether ambiguity must be shown (the "ambiguity gateway") before a court can consider evidence of the surrounding circumstances when interpreting a written contract.

As discussed in our recent publication Surrounding circumstances and contract construction: Is there still an ambiguity gateway?, there is a great deal of uncertainty as to whether the ambiguity gateway applies.

It had been hoped that the High Court decision involving contractual construction in Mount Bruce Mining Pty Limited v Wright Prospecting Pty Limited & Anor (Mount Bruce Mining) would settle this matter. However, as the case did not directly raise the issue, the High Court expressly refused to determine it.