Jakimowicz v Jacks

In *Jakimowicz v Jacks*, the Supreme Court of Queensland considered a dispute concerning the enforceability of a deed of release. The plaintiff, Mr. Jakimowicz, sought to set aside a deed of release he had executed in favour of the defendant, Mr. Jacks, which purported to extinguish all claims arising from a prior agreement. Mr. Jakimowicz alleged that the deed was procured by misleading and deceptive conduct.

The central legal issue before the Court was whether the deed of release was valid and binding, or whether it could be set aside on the grounds of misleading and deceptive conduct in contravention of the *Australian Consumer Law* (ACL). Specifically, the Court had to determine if Mr. Jacks had made representations that were misleading or deceptive, and if those representations induced Mr. Jakimowicz to enter into the deed.

Judge Hartnett found that Mr. Jacks had engaged in misleading and deceptive conduct in contravention of section 18 of the ACL. His Honour concluded that Mr. Jacks had made representations regarding the financial position of a company that were not supported by evidence and were likely to mislead Mr. Jakimowicz. These representations were found to have induced Mr. Jakimowicz to enter into the deed of release. Consequently, the Court held that the deed was voidable and ordered that it be set aside.