Colins v Boyes

In *Collins v Boyes*, the High Court of Australia considered a dispute between the applicant, Collins, and the respondent, Boyes. The case concerned the validity of a deed of release executed by Collins, which purported to release Boyes from all claims arising from a prior agreement. Collins sought to set aside this deed, alleging it was procured by duress.

The central legal issue before the High Court was whether the deed of release was voidable on the grounds of economic duress. Specifically, the court had to determine if Collins's consent to the deed was vitiated by illegitimate pressure exerted by Boyes, such that Collins had no practical choice but to agree to its terms.

Gaudron and Hayne JJ found that the pressure exerted by Boyes did not amount to economic duress. Their Honours applied the principles established in cases concerning duress, noting that the pressure must be illegitimate and must have compelled the victim to enter into the contract. They concluded that while Boyes's actions may have been commercially aggressive, they did not cross the threshold into illegitimate pressure that vitiated Collins's consent. The court reasoned that Collins had received independent legal advice and had ultimately chosen to enter into the deed, indicating a degree of practical choice.

The High Court therefore dismissed Collins's appeal, upholding the validity of the deed of release.