JUKES & KEELING

Jukes & Keeling concerned a dispute between the parties regarding the proper construction of a deed of settlement. The matter came before Obradovic J in the Supreme Court of Victoria.

The primary legal issue before the Court was to determine the meaning and effect of clause 10 of the deed of settlement, specifically whether it operated to release the defendants from all claims, including those arising from the alleged breach of a separate, earlier agreement. The Court was required to consider the principles of contractual interpretation in the context of a deed intended to bring finality to litigation.

Obradovic J applied the principles of contractual interpretation, focusing on the ordinary meaning of the words used in clause 10, read in its context within the entire deed. His Honour considered the purpose of the deed, which was to settle all existing disputes between the parties. The Court found that the language of clause 10 was broad enough to encompass the claims arising from the alleged breach of the earlier agreement, and that the defendants had been released from those claims.

The Court therefore dismissed the plaintiff's claim.