White v Mercer

In *White v Mercer*, the New South Wales Court of Appeal considered a dispute between the appellant, White, and the respondent, Mercer. The case concerned the interpretation and enforceability of a deed of settlement entered into between the parties, which Mercer sought to enforce against White.

The central legal issue before the Court of Appeal was whether the deed of settlement was valid and binding on White, notwithstanding his subsequent attempts to resile from it. Specifically, the Court had to determine if Mercer had provided sufficient consideration to support the deed and whether White had been induced to enter into the deed by any misrepresentation or duress.

The Court of Appeal found that Mercer had provided sufficient consideration by agreeing to abandon certain legal claims against White. The Court applied the principles of contract law regarding the formation of binding agreements and the requirements for valid consideration. It held that White’s purported repudiation of the deed was ineffective as there was no legal basis for him to do so. The Court affirmed the primary judge's finding that the deed was a valid and enforceable contract.

Consequently, the Court of Appeal dismissed White's appeal and affirmed the orders of the primary judge, which had enforced the deed of settlement against White.