Aboody v Ryan

In *Aboody v Ryan*, the New South Wales Court of Appeal considered an appeal concerning the unconscionable conduct of a daughter in procuring the transfer of her elderly father's home. The father, motivated by poor health and irrational political fears, transferred his house to his daughter. The daughter had arranged for a solicitor to advise the father on the transaction.

The central legal issue before the Court of Appeal was whether the transfer of the property was procured by unconscionable conduct. This required the court to determine whether the father suffered from a special disadvantage, and if so, whether the daughter unconscionably took advantage of that disadvantage. A key aspect of this determination was whether the advice provided by the solicitor, who was engaged by the daughter, was sufficiently independent and adequate to negate any unconscionable conduct.

The Court of Appeal found that the father did suffer from a special disadvantage due to his age, ill health, and irrational fears, which impaired his ability to make a rational decision about his property. While the solicitor explained the transaction to the father, the court held that the advice was neither independent nor adequate because the solicitor was unaware of the father's irrational motivations for the transfer. Consequently, the daughter's conduct in procuring the transfer was deemed unconscionable.

The appeal was dismissed, and the Court of Appeal upheld the decision to set aside the transfer of the property.