Carriel & Lendrum

In *Carriel & Lendrum*, the applicant sought to have a deed of settlement set aside. The respondent sought to enforce the deed. The matter came before Judge Scarlett in the Supreme Court of Victoria.

The primary legal issue was whether the applicant had established grounds to set aside the deed of settlement. Specifically, the court considered whether the applicant had been induced to enter into the deed by misleading or deceptive conduct, or by duress.

Judge Scarlett found that the applicant had not discharged the onus of proving that the deed was entered into under duress. Her Honour also found that there was no evidence of misleading or deceptive conduct that would vitiate the deed. The court applied the principles relating to duress, which require proof of illegitimate pressure that was a material cause of the party entering into the contract. The court also considered the principles of misleading or deceptive conduct under consumer protection legislation.

The application was dismissed.