In the matter of Jimmy’s Recipe Pty Ltd (No 2) [2020] NSWSC 632

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Jimmy's Recipe Pty Ltd (No 2) [2020] NSWSC 632 Hearing dates: 12 May 2020 Decision date: 26 May 2020 Jurisdiction: Equity Before: Leeming JA Decision: 1. Dismiss the interlocutory process filed by the plaintiff on 6 April 2020. 2. Dismiss the interlocutory process filed by the fifth defendant on 13 April 2020 (as amended on 8 May 2020). 3. Direct the plaintiff and the fifth defendant to provide agreed short minutes of order, or, failing agreement, orders for which they contend, together with short submissions in support, in relation to the return of the $50,000, any other directions for future conduct of the proceedings, and costs, within 14 days of today, with a view to any other dispute being determined on the papers. If either side contends that there should be an oral hearing, that contention and short reasons in support of it should be included in the document. 4. The exhibits to be returned. Catchwords: CONTRACT – construction – settlement deed – whether obligation upon two parties to pay Settlement Sum joint and several – effect of definition dividing Settlement Sum into two unequal components – effect of interpretation clause providing that obligations by two parties were joint and several – effect of clauses being subject to the context otherwise providing – resolving conflict between two clauses, each of which subject to the context otherwise providing – limited utility of dictionary definitions – significance of entire agreement clause – limited relevance of precontractual communications

EVIDENCE – relevance of precontractual documents to construction – distinction between inadmissible evidence of subjective intent and admissible evidence of context