Therese Violette McKenzie v Olivia Pearl Nydegger

In the case of Therese Violette McKenzie v Olivia Pearl Nydegger, the dispute arose from the transfer of rural properties and cattle stud from the plaintiff to the defendant. The plaintiff alleged that the transfers were executed under duress and undue influence, and sought to have the transfers set aside. The matter was heard in the Supreme Court of New South Wales. The plaintiff claimed that the defendant had taken advantage of her special disadvantage and exerted inappropriate pressure to secure the transfers. Additionally, the plaintiff asserted that the defendant made promises which led the plaintiff to act to her detriment, and that the defendant's conduct constituted a breach of equity.

The court was required to determine whether the transfers were indeed executed under duress and undue influence, and whether the defendant was at a special disadvantage or under inappropriate pressure to execute the transfers. The court also had to consider whether there were promises made by the defendant which the plaintiff acted upon to her detriment, and whether there was a common assumption or expectation that the plaintiff would be left certain rural properties and cattle stud. Furthermore, the court needed to determine whether the plaintiff's reliance on the defendant's promises was detrimental, and how equity could be satisfied in this situation.

The court found that the transfers were executed under undue influence and duress, and that the defendant was at a special disadvantage and under inappropriate pressure to execute the transfers. The court also found that the defendant made promises to the plaintiff which led to an expectation on the part of the plaintiff that she would be left certain rural properties and cattle stud, and that the plaintiff acted to her detriment in reliance on those promises. The court determined that equity could be satisfied by setting aside the transfers and returning the properties and cattle stud to the plaintiff. The court ordered that the transfers be set aside and that the properties and cattle stud be returned to the plaintiff.