SEELEY & SEELEY (No.2)

The case of *Seeley & Seeley (No.2)* concerned a dispute between the applicants, Seeley & Seeley, and the respondent, also Seeley & Seeley. The matter came before Young J in the Supreme Court of New South Wales.

The central legal issue before the court was whether the applicants were entitled to an order for the rectification of a deed of settlement. Specifically, the applicants sought to amend the deed to reflect their understanding of the agreement reached between the parties, alleging a mistake in its recording.

Young J considered the principles governing rectification of written instruments, particularly in the context of a deed of settlement. His Honour applied the established legal test, which requires proof of a common intention between the parties that was not accurately reflected in the written document due to a mistake. The court examined the evidence presented by the applicants to demonstrate this common intention and the subsequent error in the deed.

The court ultimately found that the applicants had not discharged the onus of proving a common intention that differed from the terms of the executed deed. Accordingly, the application for rectification was dismissed.