Goode & Goode

In *Goode & Goode*, the parties were the applicants and the respondents, and the dispute concerned the interpretation and application of a deed of settlement. The matter came before Justice D Collier of the Supreme Court of Western Australia.

The central legal issue before the Court was whether the respondents had breached the terms of the deed of settlement by failing to make certain payments to the applicants. This involved determining the precise obligations of the parties under the deed, particularly concerning the calculation and timing of those payments.

Justice Collier's reasoning focused on the plain language of the deed of settlement. The Court examined the specific clauses relating to the payment obligations, considering the ordinary meaning of the words used and the context in which they appeared. The Court applied principles of contractual interpretation, emphasizing that the intention of the parties, as expressed in the written agreement, was paramount. The Court found that the respondents' interpretation of their payment obligations was not supported by the clear wording of the deed.

Consequently, the Court found that the respondents had breached the deed of settlement. The Court made orders requiring the respondents to make the outstanding payments to the applicants, along with interest.