Balagiannis v Balagiannis

[2022] NSWCA 18

NSW Court of Appeal

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Interrogate

Catchwords

1. Contract
2. › Unjust contracts
3. › Contracts Review Act 1980 (NSW)
4. › Whether deed of assignment unjust in circumstances relating to contract at time it was made
5. › Substantive unfairness — disadvantageous legal and practical consequences for assignor
6. › Procedural unfairness — manner in which deed procured
7. › Whether consequences for non-party relevant to assessment of unjustness
8. › Contracts Review Act 1980 (NSW), ss 7, 9, 14
1. Appeal
2. › Standard of appellate review
3. › Challenge to findings of fact
4. › Credibility findings
5. › Whether appellate court should depart from trial judge's findings
6. › Fox v Percy (2003) 214 CLR 118

Quick Take

Under the Contracts Review Act 1980 (NSW), the assessment of unjustness is confined to consequences for the party claiming relief, and disadvantageous effects on third parties are only relevant insofar as they indirectly affect the claimant.