Dandashli v Dandashli

The New South Wales Court of Appeal heard an appeal in *Dandashli v Dandashli* concerning a dispute between a husband and wife. The wife sought to set aside a deed of settlement and a transfer of property, alleging that her husband had engaged in misleading and unconscionable conduct during the negotiation of these documents. The primary judge had dismissed her application.

The central legal issues before the Court of Appeal were whether the wife had been induced to enter into the deed and transfer by misleading or deceptive conduct, and whether the husband's conduct was unconscionable. The court was required to consider the application of the *Trade Practices Act 1974* (Cth) and the principles of unconscionable conduct in equity.

The Court of Appeal found that the primary judge had erred in his assessment of the evidence. It held that the husband had engaged in misleading conduct by failing to disclose material information regarding the true value of certain assets, which was relevant to the wife's decision-making. Furthermore, the court determined that the husband's conduct in exploiting the wife's vulnerability and lack of independent advice amounted to unconscionable conduct. The court allowed the appeal, setting aside the deed of settlement and the transfer of property.