Yu v Yu

In the matter of Yu v Yu, the plaintiff sought to set aside a property settlement agreement on the basis of a common mistake. The agreement had been made between the plaintiff and the defendant, who were married and subsequently divorced. The court was required to determine whether the agreement could be set aside due to a common mistake that was fundamental to the agreement. The court also needed to address the jurisdictional scope of equity to intervene in such cases.

The court found that there was no fundamental misapprehension shared by both parties that was central to the agreement. Consequently, the agreement could not be set aside on the basis of a common mistake. The court examined the circumstances of the case to determine whether there was a common misapprehension that was fundamental to the agreement. The court concluded that there was no such misapprehension, and therefore the agreement could not be set aside. The court also considered the jurisdictional scope of equity to intervene in such cases and found that it did not apply in this instance.

The court held that the agreement was valid and enforceable and could not be set aside on the grounds of a common mistake. The court found no issue of principle in the other areas of law raised by the parties, including res judicata and cause of action estoppel, illegality, implied terms, and construction of the contract.

The court dismissed the plaintiff's claim and made no orders.