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Birtwell v Sands [2012] QSC 396 — Undue Influence And Duress — Barrister AI

Birtwell v Sands

[2012] QSC 396

Supreme Court of Queensland

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Interrogate

Catchwords

1. Equity
2. › UNDUE INFLUENCE AND DURESS
3. › IMPLIED TRUSTS
4. › CONSTRUCTIVE TRUSTS
5. › UNCONSCIONABLE CONDUCT AND UNCONSCIENTIOUS DEALING
6. › whether the plaintiff was at a serious disadvantage vis-à-vis the first defendant
7. › whether the presumption of undue influence has been rebutted
8. › whether the first defendant’s conduct in signing certain documents without any express or implied qualification amounts to unconscientious dealing
1. Evidence Act 1977 (Qld), s 92
1. Powers of Attorney Act 1988 (Qld), s 87
1. Blomley v Ryan [1956] HCA 81; (1956) 99 CLR 362, cited.

Case Details

Citation[2012] QSC 396

CourtQSC

JurisdictionQueensland

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Cited by2

2022Koprivnjak v KoprivnjakNSWSC 586
2020Birch v BirchQCA 31

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