The NSW Court of Appeal today handed down its decision today in Mainteck Services Pty Ltd v Stein Heurtey SA [2014] NSWCA 184 (at http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=171932).

This case will be of particular interest to Australian lawyers who are very familiar with the controversy that has surrounded the issue of the extent to which context/surrounding circumstances are used in construing commercial contracts. 

The Court's decision was given by Leeming JA.

It appears to me that his Honour states that the Australian approach to construction is now the same as that of the UK. His Honour's judgment, as I read it, is based upon a single paragraph of the recent High Court decision in Electricity Generation Corporation v Woodside Energy Ltd [2014] HCA 7.

As one who at times struggles to keep up with the issue, I would welcome the views of colleagues as to whether they agree on my summation of Leeming JA's judgment. One only has to read paragraphs [69]-[84] of the judgment.