Raffles & Raffles

The parties to this proceeding were Raffles and Raffles. The dispute concerned the interpretation of a clause within a deed of settlement, specifically whether it conferred a right to claim damages for breach of contract. The matter came before Lindsay J in the Supreme Court of New South Wales.

The central legal issue before the court was whether the language of the settlement deed, particularly clause 10, was sufficiently clear and unambiguous to create a contractual right for Raffles to claim damages for a breach of that clause by Raffles. The court was required to determine the proper construction of the deed and the intention of the parties as expressed within its terms.

Lindsay J approached the construction of the deed by considering the ordinary meaning of the words used, within the context of the entire document. His Honour referred to established principles of contractual interpretation, emphasizing that the court must ascertain the objective intention of the parties from the language they have used. Applying these principles, Lindsay J found that clause 10 did not create a standalone right to claim damages for breach, but rather stipulated a condition precedent to the enforcement of other rights under the deed. Consequently, Raffles was not entitled to claim damages for breach of clause 10.