Johnson v Buttress

The case of *Johnson v Buttress* involved an appeal to the High Court of Australia from a decision of the Supreme Court of New South Wales. The plaintiff, John Spencer Raymond Buttress, as administrator of his deceased father's estate, sought to set aside a transfer of land made by his father, John Spencer Buttress, to the defendant, Mary Eliza Johnson. The plaintiff contended that the transfer was procured by the undue influence of the defendant.

The High Court was required to determine whether the Supreme Court of New South Wales had erred in setting aside the transfer of land. Specifically, the court had to consider whether a presumption of undue influence arose from the relationship between the donor and the donee, and if so, whether that presumption had been rebutted by the donee. The court also considered whether, even in the absence of a presumption, the evidence supported a finding of actual undue influence or pressure exerted by the donee.

A majority of the High Court, comprising Latham C.J., Dixon, Evatt, and McTiernan JJ., dismissed the appeal. They found that the circumstances surrounding the transaction established a special relationship of influence between the donee and the donor, giving rise to a presumption of undue influence. This presumption, they held, had not been rebutted by the donee. Starke J. dismissed the appeal on the basis that the evidence justified the primary judge's finding that the transfer was not the result of the donor's full and deliberate judgment but rather of unfair and undue pressure from the donee. The court affirmed the decision of the Supreme Court of New South Wales.