How does statutory interpretation impact building disputes
in NSW? Written laws like the Home Building Act, building
codes, and industry standards often leave room for multiple
interpretations. This article explains how courts apply statutory
interpretation rules, such as the extrinsic materials rule under
section 34 of the NSW Interpretation
Act 1987 and highlights a recent case where
interpretation determined the outcome of a defective building
work claim.
A recent case conducted by Swaab illustrated how statutory
interpretation can apply in building disputes.
Written laws include Acts of Parliament, industry codes of
conduct, building standards and codes and regulations. When people
draft these laws, they do their best to make them clear but often
the drafting results in several alternative meanings. Lawyers are
required to interpret these laws and there may be several
possible meanings
