Oliveri v Jones

In *Oliveri v Jones*, the New South Wales Court of Appeal considered a dispute between the parties concerning the interpretation and enforceability of a deed. The precise nature of the dispute revolved around whether the deed, which contained a number of covenants, was binding on the respondent.

The central legal issue before the Court of Appeal was whether the respondent, who was not a party to the deed, could be held liable for breaches of its covenants. This required the Court to consider the principles of privity of contract and whether any exceptions applied in this instance, particularly in relation to the enforceability of covenants that purported to bind non-parties.

The Court of Appeal ultimately held that the respondent was not bound by the covenants in the deed. The Court applied the established common law principle of privity of contract, which dictates that a contract (or deed) can only confer rights and impose obligations on the parties to that agreement. No exceptions to this principle were found to be applicable on the facts of the case, meaning that a stranger to the deed could not be sued for its breach. The appeal was therefore dismissed.