Recent Cases

Balagiannis v Balagiannis [2022] NSWCA 18 (22 February 2022) (Meagher, Brereton and McCallum JJA)


Catchwords:


CONTRACTS – unjust contracts – Contracts Review Act 1980 (NSW) – where first respondent assigned $18.5 million debt to daughters for no consideration – where pressed to do so to avoid potential claims to asset – where demand for repayment of debt would require sale of some of assignor’s substantial business assets – where assignment has disadvantageous legal and practical impacts on assignor – where assignor not understand significance of assignment on legal rights – where assignor denied opportunity to take independent advice – whether primary judge erred in finding Deed of Assignment unjust – whether error in considering consequences of contract for person other than party claiming relief under Act