High Court: Unambiguous about ambiguity?
StartFragment In the decision of Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd [2015] HCA 37, the High Court considered the construction of an agreement under which royalties were payable in respect certain mining operations. The two issues were (a) whether an area called "Channar A" was within the "MBM area"; and (b) if it was, whether the ore was being mined by entities "deriving title through or under" Mount Bruce Mining. As to (a), the High Court upheld the New
Authority of Solicitor to Bind Client to Contract
In the recent decision of Pavlovic v Universal Music Australia Pty Limited [2015] NSWCA 313, the New South Wales Court of Appeal revisited the general principles regarding the intention of parties to create a binding contract and, more particularly, the circumstances in which a solicitor will have the requisite authority to bind their client to a contract. The Appellant (Pavlovic) and Respondent (Universal) had a joint venture arrangement in respect of a music recording label