What is a deed inter-parties or indenture?
A deed inter-parties is a deed which expressly states that it is made between two or more named persons. The difference between a deed poll and a deed inter partes is absolutely crucial because of the difference as to who may enforce the deed in question. It is clear that any person named or sufficiently […]
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Deed of release – proper construction
It is common ground that the principles of construction of a Deed of Release flow from the decision of the High Court in Grant v John Grant & Sons Pty Ltd [1954] HCA 23; 91 CLR 112 at 123 ff. (a) [F]irst, the common law requires general words in a release to be construed by […]
Read MoreMeaning of “relating to”
In Tooheys Ltd v Commissioner of Stamp Duties (NSW) [1961] HCA 35; (1961) 105 CLR 602, Taylor J, at 620 said of that phrase: “.. the expression … is extremely wide but it is also vague and indefinite. Clearly enough it predicates the existence of some kind of relationship but it leaves unspecified the plane […]
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