Jordan v Tasmanian Perpetual Trustees

The case of Jordan v Tasmanian Perpetual Trustees involved a dispute concerning the execution of a deed of assignment by the plaintiff to the defendant. The plaintiff sought a declaration that the deed was void and an order for its cancellation. The matter was heard in the Federal Magistrates Court of Australia.

The central legal issue in the case was whether the deed of assignment was executed by the plaintiff under duress. The court had to determine if the plaintiff had the requisite intention to execute the deed and whether there was any undue influence exerted by the defendant.

The court considered the evidence presented and found that the plaintiff had the intention to execute the deed and that there was no undue influence by the defendant. The court concluded that the plaintiff had willingly and voluntarily executed the deed. Therefore, the plaintiff's claim for a declaration of voidance and cancellation of the deed was dismissed. The matter was adjourned for the parties to provide the court with an agreed minute of orders and written submissions on penalty.