Righi v Kissane Family Pty Ltd

The appeal in *Righi v Kissane Family Pty Ltd* concerned the construction of a clause within a deed that stipulated the repayment of a loan. The dispute arose between the plaintiff, Righi, and the defendants, Kissane Family Pty Ltd and others. The matter was heard in the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether a specific clause within the deed, which addressed the repayment of a loan, should be interpreted as restricting the source of funds from which such repayment was to be made.

The Court of Appeal determined that the clause in question did not impose a limitation on the funds available for repayment. Their Honours reasoned that the language of the clause did not create a condition precedent or a restriction on the source of repayment. Consequently, the court allowed the appeal, setting aside the orders made by Lindsay J on 22 April 2015. The court ordered judgment in favour of the fourth, fifth, sixth, and seventh defendants, and that the plaintiff pay the costs of the fifth, sixth, and seventh defendants. The first respondent was ordered to pay the appellants’ costs of the appeal.