Larbalestier v Jackson

In *Larbalestier v Jackson*, the New South Wales Court of Appeal considered a dispute between the parties concerning the interpretation and enforceability of a deed.

The primary legal issue before the Court was whether the deed, which purported to grant a right of way over the respondent's land, was valid and enforceable against the respondent, particularly in light of the appellant's claim that the deed had been executed under duress. The Court also had to determine whether the appellant had waived any right to challenge the deed.

The Court of Appeal, in its reasoning, analysed the principles of duress and waiver in contract law. It found that the appellant had failed to establish the necessary elements of duress, concluding that the pressure exerted was not of a nature that vitiated consent. Furthermore, the Court held that the appellant's subsequent conduct, in continuing to act in accordance with the deed for a significant period after the alleged duress, constituted a waiver of any right to set aside the deed.

Consequently, the Court of Appeal dismissed the appeal and affirmed the decision of the primary judge, upholding the validity and enforceability of the deed.