Browne v Green

The Full Court of the Federal Court of Australia, comprising Kay and Coleman & Warnick JJ, considered an appeal concerning the interpretation of a settlement agreement. The dispute arose between the appellant, Browne, and the respondent, Green, regarding the terms of a settlement reached in prior litigation.

The central legal issue before the Full Court was whether the settlement agreement, which included a confidentiality clause, was breached by the respondent's disclosure of certain information. Specifically, the Court had to determine the scope of the confidentiality obligation and whether the disclosed information fell within its ambit.

The Court reasoned that the interpretation of the settlement agreement, like any contract, was to be determined by reference to the ordinary meaning of the words used, read in their context and against the background of the surrounding circumstances. Applying this principle, the Court found that the information disclosed by the respondent was not covered by the confidentiality clause as it was not confidential information within the meaning of the agreement. The appeal was accordingly dismissed.