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Smith v Smith [2004] NSWSC 663 — Unilateral Mistake & Acts Cited: — Barrister AI

Smith v Smith

[2004] NSWSC 663

Supreme Court of NSW

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Interrogate

Catchwords

1. EQUITY - unilateral mistake - whether elements exist - unconscionable dealing - intervention by equity even though affected party may have given consent - party affected by profound deafness and unfamiliarity with business and financial affairs; also heavily reliant on husband nearing death - dependence transferred to daughter who took unconscionable advantage
1. Acts Cited:
1. Conveyancing Act 1919, s.66G

Case Details

Citation[2004] NSWSC 663

CourtNSWSC

JurisdictionNew South Wales

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Cited by9

2025McLennan v McLennanNSWSC 1603
2016Catherine Margaret Thorn, as executrix of the Estate of the late Betty McAuley v Ian Geoffrey Boyd and Dawn Kathleen BoydNSWSC 1344
2014Catherine Margaret Thorn, as Executrix of the Estate of the Late Betty McAuley v Ian Geoffrey BoydNSWSC 1159
2012Aboody v RyanNSWCA 395
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Relies on10

2004Shehata v HusseinNSWSC 617
2004Sande v Medsara Pty LimitedNSWSC 147
2003Turner v WindeverNSWSC 1147
1998Bridgewater v LeahyHCA 66
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