Catchwords:

CONTRACTS – Construction – Interpretation – Use of recital in construction of deed – Meaning of the word ‘facilitate’ – Whether obligation to facilitate or cause means no more than a reasonable endeavours clause

CONTRACTS – Remedies – Damages – Loss of bargain damages – Where agreement was to transfer unencumbered property to a trust to be controlled by the respondents – Whether more than nominal loss suffered – Whether subsequent events relevant to assessment of damages