March 2022: Admissibility of background evidence in contractual disputes

Sydney presented a seminar titled “Admissibility of background evidence/surrounding circumstances in contractual disputes” at the Law Society of NSW’s seminar Contract Law Essentials. His seminar drew from common scenarios he had come across while practicing, touching upon the following recurring scenarios:

(i) Is background evidence only admissible where a contract is ambiguous i.e is there an ambiguity gateway?

(ii) What about rectification and deceit cases?

(iii) What evidence has been admitted in some famous cases e.g Codelfa, and not-so-famous cases? What do jagged shards of rock have to do with this area of the law?

(iv) How does one construe registered leases i.e is extrinsic material admissible?

His slides are available for viewing below:

Admissibility of Background Evidence in Contractual Disputes – Slides