Jackamarra v Krakouer

Jackamarra and Krakouer were parties to a dispute before the Full Federal Court of Australia. The core of the disagreement concerned the validity of a deed of release and settlement, which Jackamarra sought to have set aside. Krakouer, on the other hand, relied on the deed to resist Jackamarra's claims.

The Full Federal Court was required to determine whether the deed of release and settlement was vitiated by duress, undue influence, or unconscionable conduct. Specifically, the court had to consider whether Jackamarra's consent to the deed was freely and voluntarily given, or if it was obtained through illegitimate pressure or exploitation of a position of disadvantage.

The court's reasoning focused on the principles governing duress and unconscionable conduct in contract law. It examined the nature of the pressure exerted by Krakouer, the circumstances under which the deed was executed, and whether Jackamarra was left with no reasonable alternative but to agree to the terms. The court applied established legal tests to assess whether the pressure amounted to duress and whether Krakouer had acted unconscionably in procuring the deed. The court found that the deed was not vitiated by duress or unconscionable conduct.

The Full Federal Court dismissed Jackamarra's appeal, upholding the validity of the deed of release and settlement.