Cunis v Lee

In *Cunis v Lee* [1991] NSWCA 67, the New South Wales Court of Appeal considered a dispute between the appellant, Cunis, and the respondent, Lee. The case concerned the interpretation and enforceability of a deed of settlement and release entered into between the parties.

The primary legal issue before the Court of Appeal was whether the deed of settlement and release was valid and binding on the parties, specifically whether it effectively extinguished the appellant's right to pursue certain claims against the respondent. This involved an examination of the principles governing the construction of deeds, the effect of a release, and the circumstances under which such a deed might be set aside or its operation limited.

The Court analysed the language of the deed, applying established principles of contractual interpretation to ascertain the parties' intentions. It considered whether the release was intended to be comprehensive, covering all existing and potential claims, or whether it was limited to specific matters. The Court affirmed that a clear and unambiguous release will generally be given its full effect, barring subsequent claims falling within its scope, unless vitiating factors such as fraud, misrepresentation, or duress are established.

The Court of Appeal found that the deed of settlement and release was valid and enforceable and that it operated to extinguish the appellant's claims. Accordingly, the appeal was dismissed.