PRICE & PRICE

In the matter of *Price & Price*, Justice Coker of the Supreme Court of Victoria considered a dispute concerning the interpretation of a deed of settlement and its impact on the rights of the parties. The case involved an application to enforce certain terms of the deed, which had been entered into to resolve prior litigation between the parties.

The central legal issue before the Court was whether the respondent had breached the terms of the deed of settlement by failing to make a payment as stipulated. This required the Court to construe the relevant clauses of the deed, particularly those relating to the timing and conditions precedent to payment, and to determine if those conditions had been met or waived.

Justice Coker's reasoning focused on the plain language of the deed and the surrounding circumstances at the time of its execution. The Court applied principles of contractual interpretation, emphasizing that the intention of the parties, as evidenced by the words they used, was paramount. His Honour found that the respondent's obligation to pay was contingent upon the fulfilment of certain conditions, which had not been satisfied. Consequently, the Court held that no breach had occurred.