Archer v Archer

The appeal concerned a dispute between a mother, the appellant, and her son, the respondent, regarding the transfer of a property known as "Sussex". The appellant sought to have the transfer of her interest in "Sussex" to the respondent set aside, alleging it was procured by undue influence and unconscionable conduct. The trial judge had found the appellant to be an untruthful witness and rejected her claims.

The central legal issues before the court were whether the transfer of the property "Sussex" by the appellant to the respondent was affected by undue influence or unconscionable conduct, notwithstanding the trial judge's findings of fact. Specifically, the court had to determine if the appellant's asserted lack of understanding, inequality of bargaining power, or other alleged disabilities vitiated her consent to the transfer.

The court upheld the trial judge's findings of fact, which included that the appellant was aware of her actions when she transferred her interest in "Sussex" to the respondent and that she did so freely, having agreed to the transaction but later changing her mind and fabricating a story. The trial judge had explicitly rejected the appellant's claims of disability arising from her husband's illness, her own inexperience, inequality of bargaining power, and an inability to protect her interests. The court found no error in the trial judge's assessment of the evidence and the application of equitable principles.

The appeal was dismissed, and the appellant was ordered to pay the costs of the appeal.