1 Jun 2011
BRYAN JAMES BASSETT-SMITH V AINSLEY DERMODY HC TAU CIV 2010-470-001101
- Citation
- openlaw-7940ca56_f3d4_4e2d_bf6c_48f1694d4609.pdf
- Court
- High Court
The High Court found the Family Court judge made a material error by concluding no agreement existed; there was sufficient evidence to infer intent to contract and the appeal is allowed, but because there is inadequate evidence about whether respondent received independent advice (and whether she understood the effect) the matter is remitted for rehearing to determine material prejudice and independence of advice; parties should provide evidence including from the advising solicitor and agree waiver of privilege or the Court will draw inferences.