Kingston v Keprose

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Citation: Kingston v Keprose' (1987) 11 NSWLR 404

This information can be found in the Textbook: Prue Vines, Law and Justice in Australia: Foundations of the Legal System, (2nd ed, Melbourne, Oxford University Press, 2009), pp. 415 - 423.

Contents

Background Facts

No relevant facts

Legal Issues

Judgment

McHugh JA:

  • If the purpose of a statute and the means of its achievement is not stated, they can only be ascertained by examining the statute as a whole.
  • The ordinary meaning of the words in the statute will indicate what the purpose and means of the act are. Therefore, first the grammatical meaning should be adopted.
    • However where there is ambiguity, the ‘mischief rule’ allows the court to use a purposive approach to “give effect to legislative intention…which the legislature cannot always foresee but must have intended to deal with”

References

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