Australia, May 14 -- New South Wales Land and Environment Court issued text of the following judgement:
1. MITCHELMORE JA: This appeal concerns the proper construction of a letter of comfort dated 17 March 2019 (Letter of Comfort) that the respondent, Invesus Group Ltd (IGL), executed as a deed poll in favour of the appellant, Forex Capital Trading Pty Ltd (in liq) (FXCT), and its directors.
2. The question arises in the context of a claim for damages brought by FXCT against IGL for breach of the Letter of Comfort. The damages claim relates to proofs of debt that former customers of FXCT submitted to the liquidators with respect to their net trading losses in a specified period, pursuant to a process approved by the Federal Court of Austr...