When Two People Sign the Same Contract but Mean Two Different Things
When two businessmen signed a Mandarin contract without lawyers, they thought “equity” meant land. The Court of Appeal in Sui v Jiang (2021) showed why translation gaps can turn million-dollar ventures into years of litigation. The Court reaffirmed that commercial certainty depends not on language, but on the law’s view of intention — and how fairness survives imperfect words.
When a Pause Can Save a Company
The High Court confirmed that a deed of company arrangement can lawfully pause creditor claims even when no property is available for distribution. Mighty River v Hughes [2018] HCA 38 explains why Part 5.3A allows a structured pause to preserve value, protect creditors, and ensure decisions are made with proper information.