CONTRACTS – DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH – CONDITIONS – CONDITIONS PRECEDENT AND SUBSEQUENT – where the appellant and second respondent are body corporates for neighbouring buildings – where the appellant and second respondent were in a dispute regarding, inter alia, water ingress into the basement of the appellant’s building – where the parties signed a deed of settlement in respect of the dispute (‘the Deed’) – where the primary judge determined that, save for an obligation upon the appellant to repay a specified sum of money, the Deed was no longer valid and binding because it was subject to a condition precedent to performance which had not been satisfied – where the appellant contended on appeal that the primary judge’s construction of the Deed was incorrect – where the appellant contended that the Deed contained no condition precedent to performance – where the appellant contended that the Deed only provided for repayment in the event of non-compliance, and that non-compliance was contemplated to be a ‘fundamental breach’ of the Deed – whether the primary judge’s construction of the Deed was correct CONTRACTS – CONSTRUCTION AND INTERPRETATION OF CONTRACTS – INTERPRETATION OF MISCELLANEOUS CONTRACTS AND OTHER MATTERS – where the appellant contended that the primary judge’s construction of the contract involved the court impermissibly remaking or amending a contract for the purpose of avoiding a result considered to be inconvenient or unjust – where, in construing the relevant clause, the primary judge had regard to additional information beyond the text of the Deed regarding the context in which the Deed had been executed and the commercial object of the relevant clause – whether the primary judge erred in having regard to certain matters of context for the purpose of construing the relevant clause Body Corporate and Community Management Act 1997 (Qld), s 310 Australian Broadcasting Commission v Australasian Performing Right Association Ltd (1973) 129 CLR 99; [1973] HCA 36, applied Ecosse Property Holdings Pty Ltd v Gee Dee Nominees Pty Ltd (2017) 261 CLR 544; [2017] HCA 12, cited Electricity Generation Corporation v Woodside Energy Ltd (2014) 251 CLR 640; [2014] HCA 7, cited H Lundbeck A/S v Sandoz Pty Ltd (2022) 96 ALJR 208; (2022) 399 ALR 184; [2022] HCA 4, cited
Maggbury Pty Ltd v Hafele Australia Pty Ltd (2001) 210 CLR 181; [2001] HCA 70, cited Meehan v Jones (1982) 149 CLR 571; [1982] HCA 52, cited Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd (2015) 256 CLR 104, cited Pacific Carriers Ltd v BNP Paribas (2004) 218 CLR 451; [2004] HCA 35, cited
 Body Corporate for Ocean Pacifique v Pugliese & Anor [2023] QCA 129 (16 June 2023)