Gao v Zhang

In *Gao v Zhang*, the High Court of Australia considered a dispute between the parties concerning the enforceability of a settlement agreement. The core of the disagreement revolved around whether the settlement agreement, entered into during Family Court proceedings, was valid and binding.

The High Court was required to determine whether the settlement agreement was vitiated by duress, and consequently, whether it should be set aside. This involved an examination of the principles governing duress in contract law, particularly in the context of family law settlements.

The Court analysed the evidence presented by the parties regarding the circumstances under which the settlement agreement was executed. It applied the established legal principles of duress, which require proof that illegitimate pressure was applied to a party, and that this pressure induced them to enter into the agreement. The Court found that the evidence did not establish that the pressure exerted by Mr Zhang amounted to duress in law, and therefore the settlement agreement was not vitiated.

The High Court dismissed the appeal, upholding the validity of the settlement agreement.