Makarios & Makarios

The case of *Makarios & Makarios* concerned a dispute between the parties regarding the proper construction of a deed of settlement. The matter came before Justice Forbes in the Supreme Court of New South Wales.

The central 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.

Justice Forbes approached the construction of the deed by applying the ordinary principles of contractual interpretation, focusing on the plain and ordinary meaning of the words used in the document, read in context. The Court considered the surrounding circumstances and the purpose of the deed to ascertain the parties' intentions. His Honour concluded that the language of clause 10 was sufficiently broad and unambiguous to encompass the claims in question, thereby releasing the defendants from liability for the alleged breach of the earlier agreement.

The Court therefore found in favour of the defendants, dismissing the plaintiffs' claim.