The ACT Court of Appeal dismissed the appeal, holding that where parties concede before a Magistrate that there is no live issue about a surviving co-creditor's capacity to continue proceedings as sole plaintiff, that concession cannot be resurrected on appeal. The Court confirmed that no consideration is necessary to support the enforceability of obligations assumed under a deed, and that lawful demands by solicitors for payment of debts cannot constitute duress. Indemnity costs were awarded on the basis that the appeal was foredoomed to fail and constituted an abuse of process.
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