Low v Maye (No.2)

In *Low v Maye (No.2)*, the Supreme Court of Western Australia considered a dispute between the plaintiff, Mr. Low, and the defendant, Mr. Maye, concerning the enforceability of a settlement agreement reached in prior litigation. The plaintiff sought to enforce the terms of this agreement, which had been reached in settlement of a previous action between the parties.

The central legal issue before the Court was whether the settlement agreement was valid and binding, notwithstanding the defendant's contention that it was entered into under duress. The Court was required to determine if the defendant's will was overborne by the plaintiff's conduct to such an extent that he was deprived of any practical choice but to enter into the agreement.

Judge Lucev found that the defendant had not established duress. His Honour reasoned that while the plaintiff's actions may have created pressure, they did not amount to illegitimate pressure that vitiated the defendant's consent. The Court applied the principles of contract law concerning duress, focusing on whether the pressure exerted was unlawful or unconscionable and whether it deprived the defendant of a genuine choice. The Court concluded that the defendant had entered into the settlement agreement voluntarily, despite the circumstances.

Consequently, the Court ordered that the settlement agreement be enforced.