The ambiguity of ‘ambiguity’ in the construction of contracts

The Hon Kevin Lindgren AM QC
(2014) 38(2) Australian Bar Review 153

Kevin Lindgren, ‘The ambiguity of ‘ambiguity’ in the construction of contracts’ (2014) 38(2) Australian Bar Review 153

Introduction

Much has been written, both prior to and since the refusal of special leave to appeal in Western Export Services Inc v Jireh International Pty Ltd, on the admissibility of evidence of extrinsic circumstances on the question of the proper construction of written contracts.

I doubt that I have anything new to say, but my choice of topic is supportable by its importance and by the desirability of considering the effect that Jireh has had.

[footnotes omitted]