14 Dec 2010
S B V G M H HC HAM CIV-2010-419-887
- Citation
- openlaw-e40286c7_91da_45f9_a767_edd4336c758f.pdf
- Court
- High Court
Although the common law test for duress was not established to the required degree, the Contracting Out Agreement was set aside under s21J because, on the interweaving of factors (the agreement materially reduced rights already accrued to the respondent, was incomplete, lacked disclosure of values, was signed following significant pressure and little opportunity to reflect, and was challenged from the outset), giving effect to it would cause the respondent serious injustice; the disputed assets were relationship property and the respondent was entitled to a half share calculated at $226,565.5…