GOODWIN & GOODWIN

In *Goodwin & Goodwin*, Stevenson J of the Supreme Court of New South Wales considered a dispute concerning the interpretation of a deed of settlement and its impact on the parties' respective rights and obligations. The case involved a disagreement over whether certain payments made by one party constituted a breach of the settlement agreement.

The central legal issue before the court was whether the payments made by the respondent, which the applicant alleged were in contravention of the deed, were in fact permitted under its terms. This required an examination of the specific clauses within the deed of settlement and an assessment of their plain meaning in light of the surrounding circumstances at the time of its execution.

Stevenson J applied established principles of contractual interpretation, emphasizing that the court must ascertain the objective intention of the parties by reference to the language of the deed itself. The judge considered the ordinary meaning of the words used, as well as the context in which they appeared, to determine whether the respondent's actions fell within the scope of the restrictions or permissions outlined in the settlement. The court found that the payments made by the respondent were consistent with the terms of the deed.

Consequently, Stevenson J dismissed the applicant's claim, finding that no breach of the deed of settlement had occurred.