Recent Cases

Khattar v Khattar; Fayad v Khattar [2023] NSWCA 133 (14 June 2023) (Ward P, Meagher JA and Griffiths AJA)


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