Whether pleaded case (or arguments raised on submissions) has reasonable prospect of success
Where applicant sought to set aside deed
Quick Take
1Statements of opinion by a party about the opposing party's prospects of success in litigation, made during settlement negotiations, are not actionable misrepresentations of present or past fact capable of vitiating a deed of settlement.
2A lack of legal representation, without more, does not constitute a 'special disability' or 'special disadvantage' sufficient to ground relief for unconscionable conduct under the Amadio principles; financial vulnerability must be evidenced, not merely asserted.
3Jurisdictional error in an underlying administrative decision does not operate as a vitiating factor for a deed of settlement that compromised claims arising from that decision — a deed is not an administrative action subject to judicial review principles.
