Khattar v Khattar; Fayad v Khattar

[2023] NSWCA 133

NSW Court of Appeal

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Interrogate

Catchwords

1. Contract
2. › Construction
3. › Interpretation
4. › Use of recital in construction of deed
5. › Meaning of 'facilitate'
6. › Whether obligation to facilitate or cause means no more than a reasonable endeavours clause
1. Contract
2. › Remedies
3. › Damages
4. › Loss of bargain damages
5. › Assessment at date of breach
6. › Where agreement was to transfer unencumbered property to a trust controlled by respondents
7. › Whether subsequent events relevant to assessment of damages
8. › Whether more than nominal loss suffered
1. Contract
2. › Remedies
3. › Damages
4. › Loss of bargain damages
5. › Correct counterfactual
6. › Whether loss confined to scenario where units transferred to respondents personally or extends to loss of control of trust holding units

Quick Take

The word 'facilitate' in settlement deeds may be construed as imposing an obligation to effect or procure a result, not merely to use reasonable endeavours, depending on the context and surrounding obligations in the deed.