Mitchell v Pacific Dawn P/L

[2007] QCA 74

Queensland Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › Pleadings
3. › Striking out
4. › Embarrassing pleadings
5. › Conflation of distinct legal doctrines
6. › Whether references to illegitimate pressure and unconscionable conduct should be struck out where duress already pleaded
1. Equity
2. › Unconscionable conduct
3. › Distinction from duress
4. › Whether unconscionable conduct requires special disability
5. › Whether illegitimate pressure is synonymous with unconscionable conduct
6. › Trade Practices Act 1974 (Cth), s 51AA
1. Estoppel
2. › Issue estoppel
3. › Scope of earlier determination
4. › Whether incidental finding in separate determination of questions creates issue estoppel
5. › Whether finding was necessary groundwork for the decision

Quick Take

Duress and unconscionable conduct are distinct doctrines that must be separately and properly pleaded; references to 'illegitimate pressure' and 'unconscionable conduct' add nothing to a duress claim and are embarrassing where they arise from the same facts. An incidental finding made in the course of a separate determination does not create an issue estoppel where that finding was not a fact material to the question actually determined.