Refresher On Interpretation Of Clauses

In Shepherds Producers Co-operative Limited v Lamont & Ors [2009] NSWSC 294, Justice Einstein provided a comprehensive overview of the interpretation of contractual provisions with particular emphasis on releases.

On 17 December 2003, solicitors for the liquidator of the plaintiff, Shepherds Producers Co-operative Limited (Shepherds) notified the defendants (Lamont & Ors) of potential claims to be made against them by Shepherd/the liquidator.

Proceedings were commenced and a settlement was reached at mediation as follows:

• Lamont & Ors to pay Shepherds AU$3.45 million, with such agreement to be given effect by way of deed of release.
• The proceedings to be dismissed with no order as to costs.