ALLAN & PETERS

In the matter of *Allan & Peters*, 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 to the deed, Allan and Peters, had entered into an agreement to resolve prior litigation, but a disagreement arose regarding the precise obligations and entitlements arising from that settlement.

The central legal issue before the Court was whether the terms of the deed of settlement unambiguously provided for a specific outcome concerning the distribution of certain assets. This required the Court to consider the principles of contractual interpretation, particularly how to ascertain the objective intention of the parties to a deed, and the circumstances in which extrinsic evidence might be admissible to aid in that interpretation.

Carew J applied the established principles of contractual construction, focusing on the plain and ordinary meaning of the words used in the deed, read in their context. The Court considered the purpose of the deed and the surrounding circumstances known to the parties at the time of its execution. Ultimately, the Court found that the language of the deed, when properly construed, clearly dictated the intended distribution of the assets in question, and that no ambiguity necessitated recourse to external evidence.