CHANDLER & TENNANT

In *Chandler & Tennant*, the Supreme Court of Tasmania considered a dispute between the parties concerning the interpretation of a deed of settlement. The central issue revolved around whether the deed effectively released the respondent from all claims, including those arising from a specific event that occurred after the deed's execution.

The court was required to determine the scope of the release clause within the deed of settlement. Specifically, it had to ascertain whether the language used in the deed was sufficiently broad to encompass claims that had not yet arisen at the time of its execution, particularly in relation to a continuing course of conduct.

Burchardt J applied principles of contractual interpretation, focusing on the plain meaning of the words used in the deed and the intention of the parties as evidenced by the document itself. The court considered the context in which the release was given and the nature of the claims being advanced. The judge found that the wording of the release, when read in its entirety and in light of the surrounding circumstances, was intended to cover all claims, whether known or unknown, arising from the matters contemplated by the deed, including the subsequent event.

The court therefore held that the respondent was released from the claims brought by the applicant.