Short and Trevillian

In *Short and Trevillian*, Strickland J of the Supreme Court of Western Australia considered a dispute concerning the enforceability of a deed of release. The applicants, Short and Trevillian, sought to set aside the deed, which had been executed by the respondent, Mr. G. The deed purported to release Mr. G from all claims arising from a prior agreement.

The central legal issue before the court was whether the deed of release was valid and binding, or if it could be set aside on grounds of unconscionability. Specifically, the court had to determine if Mr. G had been subjected to undue influence or unconscionable conduct by the applicants at the time of executing the deed, rendering his consent vitiated.

Strickland J applied the principles of unconscionable conduct, considering the applicant's knowledge of Mr. G's special disadvantage and their exploitation of that disadvantage. The court found that the applicants had been aware of Mr. G's vulnerability and had used this knowledge to their advantage in procuring the deed of release. The reasoning focused on the elements required to establish unconscionability, including the existence of a special disadvantage, the stronger party's knowledge of that disadvantage, and the stronger party's unconscientious exploitation of it.

The court ordered that the deed of release be set aside, finding it to be voidable due to unconscionable conduct.