'X' v 'A' [No 2]

In *X* and Another v *A* [No 2] [1995] NSWCA 1, the New South Wales Court of Appeal considered a dispute between the parties concerning the proper construction and application of certain provisions within a deed. The specific nature of the dispute revolved around obligations and entitlements arising from this deed, which had been the subject of prior litigation.

The primary legal issue before the Court of Appeal was to determine the correct interpretation of clause 10 of the deed and, consequently, whether the first appellant was entitled to recover certain sums from the respondent under that clause. This required the court to examine the language of the deed and consider the surrounding circumstances to ascertain the parties' intentions at the time of its execution.

The Court of Appeal, in its reasoning, analysed the wording of clause 10 in detail, considering its grammatical structure and its relationship with other provisions of the deed. The court applied established principles of contractual interpretation, emphasizing the importance of giving effect to the plain meaning of the words used by the parties, unless such a meaning would lead to an absurd result or contradict the overall purpose of the deed. The court concluded that the first appellant was not entitled to recover the sums claimed under clause 10, finding that the clause did not operate in the manner contended by the appellants. The appeal was accordingly dismissed.