ADAM & TAN

In the matter of *Adam & Tan*, Carew J of the Supreme Court of New South Wales was required to determine a dispute concerning the interpretation of a deed of settlement. The parties, Adam and Tan, had entered into this deed following prior litigation, and the present proceedings arose from disagreements regarding the precise obligations and entitlements arising from its terms.

The central legal issue before the Court was whether the deed of settlement, in its specific wording, imposed a continuing obligation on one party to make periodic payments to the other, or whether the payment obligation was discharged upon the occurrence of a particular event. This required a close examination of the language used in the deed and the application of established principles of contractual interpretation.

Carew J's reasoning focused on the plain meaning of the words employed in the deed, considering the context in which they were used. The Court applied the objective approach to contractual interpretation, seeking to ascertain the intention of the parties as manifested by the language of the document itself. His Honour concluded that the wording of the deed clearly indicated a continuing obligation to make periodic payments, irrespective of the subsequent event. The Court therefore found in favour of the party asserting the continuing obligation.