Jenkins v Suntrack Pty Ltd

In *Jenkins v Suntrack Pty Ltd*, the Supreme Court of Queensland considered a dispute between the applicant, Mr. Jenkins, and the respondent, Suntrack Pty Ltd. The core of the disagreement concerned the validity of a deed of release executed by Mr. Jenkins, which purported to extinguish all claims he had against Suntrack Pty Ltd. Mr. Jenkins sought to set aside this deed, alleging it was executed under duress and undue influence.

The primary legal issue before the Court was whether the deed of release was voidable on the grounds of duress or undue influence. This required the Court to examine the circumstances surrounding the execution of the deed, including the relationship between the parties, the nature of the pressure exerted, and whether Mr. Jenkins's will was overborne to the extent that he did not execute the deed voluntarily.

Justice Driver found that while there was a significant imbalance of bargaining power between the parties, and Mr. Jenkins was under considerable financial pressure, the evidence did not establish duress or undue influence to the requisite legal standard. His Honour applied the principles that for duress to be established, there must be illegitimate pressure that coerced the will of the party, and for undue influence, there must be proof that the will of the influencer was substituted for the will of the party influenced. In this instance, the Court concluded that Mr. Jenkins, despite his difficult circumstances, had acted with independent legal advice and had ultimately made a voluntary decision to enter into the deed.

Consequently, the Court dismissed Mr. Jenkins's application to set aside the deed of release.