Abriel v Australian Guarantee Corporation Ltd [2000] FCA 1198

The Court found there was no evidence to substantiate claims of unconscionable conduct or undue influence by the respondents or their counsel; Ms Bennett SC had not committed to trial representation and her decision not to proceed was independent of any actions by respondents. The applicants' inability to secure further legal representation was not due to respondents' conduct; as such, no basis was established to set aside the deed or orders.

Jurisdiction: Australia
Judgment Date: 29 August 2000
Procedural Posture: Application / Final Judgment
Outcome: Application dismissed
Legal Topics: ['unconscionable Conduct' 'compromise and Settlement' 'undue Influence']

['trade Practices'] ['unconscionable Conduct' 'compromise and Settlement' 'undue Influence']

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Procedural Posture

Application / Final Judgment

Legal Issues

1 ['Whether the deed of settlement should be set aside on the ground of unconscionable conduct or undue influence' 'Whether the respondents or their counsel engaged in conduct amounting to unconscionability under s 51AA of the Trade Practices Act 1974 (Cth)' 'Whether advice given by Ms Bennett SC to applicants was improperly affected by the conduct of respondents or counsel']

Ratio Decidendi

Court Disposition

Application dismissed

Orders

['The application be dismissed.' 'The parties may make further submissions as to the further findings of fact and as to costs.']