Miller & Ors v Chapman

Miller and others (the applicants) sought leave to appeal to the High Court of Australia from a decision of the Full Court of the Supreme Court of Queensland. The dispute concerned the interpretation of a deed of settlement entered into between the parties, which had been the subject of earlier proceedings in the Supreme Court.

The primary legal issue before Hayne J was whether the applicants had demonstrated an arguable case of error in the Full Court's construction of the settlement deed. Specifically, the applicants contended that the Full Court had erred in its interpretation of certain clauses within the deed, which they argued had a material impact on their rights and obligations.

Hayne J considered the arguments presented by both sides regarding the construction of the deed. His Honour applied established principles of contractual interpretation, emphasising the importance of giving effect to the plain and ordinary meaning of the words used in the document, read in context. After reviewing the relevant provisions of the deed and the Full Court's reasons, Hayne J concluded that the applicants had not established an arguable case of error.

Leave to appeal was therefore refused.