Buckeridge v Mercantile Credits Ltd

The High Court of Australia considered the dispute between Buckeridge and Mercantile Credits Ltd concerning the validity of a mortgage.

The central legal issues before the Court were whether the mortgage was void for champerty and maintenance, and whether the mortgage was invalid due to the doctrine of undue influence or unconscionable dealing.

The Court held that the mortgage was not void for champerty or maintenance, as the agreement did not involve the improper stirring up of litigation. Regarding undue influence and unconscionable dealing, the Court found that while there was a disparity in bargaining power, the appellant had received independent legal advice, and there was no evidence of unconscionable conduct by the respondent. The principles applied focused on the nature of the agreement, the presence of independent advice, and the absence of coercion or unfair advantage.

The appeal was dismissed.