The Queensland Court of Appeal dismissed an appeal challenging the enforceability of a deed of mediation entered into with a bank, finding on the facts that the appellant had not established economic duress, special disadvantage, or misrepresentation sufficient to set aside the deed. The Court confirmed that stress and anxiety alone are insufficient to vitiate a mediated settlement; there must also be evidence that the other party had knowledge of the incapacity and that the complainant was unable to satisfactorily conduct affairs and protect their own interests. The Court also upheld the trial judge's discretion to allow amendment of pleadings where no prejudice was shown and to award indemnity costs, and refused applications to tender further evidence on appeal where the material was either available at trial or not sufficiently probative.
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