Case name and citation Louth v Diprose (1992) 175 CLR 621; [1992] HCA 61 Court High Court of Australia Judges presiding Mason CJ Brennan J Deane J Dawson J Toohey J (dissenting) Gaudron J McHugh J Material facts This case considered the issue of unconscionable conduct relating to the transfer use a man for his money i. manipulate men for financial support) ), Principles of Marketing (Philip Kotler; Gary Armstrong; Valerie Trifts; Peggy H. Cunningham), Australian Financial Accounting (Craig Deegan), Il potere dei conflitti. The respondent's ardour seems to have continued unabated; the appellant's generally offhand approach to the respondent does not seem to have altered. which dismissed an appeal from the judgment at first instance. His Honour then went on to outline the respondent's claim and the findings at trial and on appeal to the Full Court. Majority Judgment [2] [3] [4] Facts Solicitor Louis Donald Diprose (the plaintiff/respondent) was infatuated with Carol Mary Louth (the defendant/appellant), whom he had met in Launceston, Tasmania in 1981. Louth lost on appeal and tried again this time in the High Court. concurrent findings. Diprose was infatuated with Louth. and Practice of Australian Law (Thomson Reuters, 4th ed, 2020) p to be carefully constructed to identify the weaker party. Nonetheless, we have to accept and From the time they first met he was utterly infatuated by her. CBA v Amadio (elderly, unclear of their sons affairs), Louth v Diprose (emotional relationship between man and woman, man offers to buy Week 10 Louth v Diprose - Law random - Studocu precedents (which morally are not just anymore) may mean claim is unsuccessful, The doctrine of precedent sets broad limits within which judicial choice operates, as do the The property in Tranmere, South Australia, which was purchased by the plaintiff but placed in the name of the defendant, remained recovered from the defendant to the plaintiff. Louth lost on appeal and tried again this time in the High - As a young healthy lawyer, Diprose didnt fall under any previously known special disabilities but Louth v Diprose 1992. manipulation, yet his status was used to portray him as a more credible witness (compared to Gaudron J Diprose as: educated, consenting, generous, kind gentlemen (knows what he is doing) an absence of any reasonable degree of equality between them By dishonestly manufacturing an atmosphere of crisis with respect to the house, the appellant played upon the respondent's susceptibility where she was concerned. Equity's Conscience and Women's Inequality' (1992) 18, Lisa Sarmas, 'Storytelling and the Law: A Case Study of Louth v Diprose' (1994) 19(3), Dilan Thampapillai, 'Archetypes of age and romance: unconscionable conduct and the High Court in Thorne v Kennedy' (2018) 37(2). Chief Justice Mason noted the findings of the trial judge as to the credibility of the witnesses and, in particular, noted (at para 6) that Louth had, 'falsely told [Diprose] that she was under pressure to leave the Tranmere house which she was then occupying. The required structure is: (i) facts of the case (200 words); (ii) the court's decision (200 words) and (iii) why this case is . Louth V Diprose Case Study. His Honour further observed that this was such an improvident transaction that: 'it is explicable only on the footing that he was so emotionally dependent upon, and influenced by, the appellant as to disregard entirely his own interests. Louth had manufactured an 'atmosphere of crisis' where non really existed. a benefit from him. It was because the appellant insisted that having the title to the house in her name was essential to her security that [Diprose] agreed to provide the money for the purchase in her name.'. His Honour set out the facts in some detail, noting that the 'story' was a 'curious one' (para 3). ), Contract: Cases and Materials (Paterson; Jeannie Robertson; Andrew Duke), Financial Reporting (Janice Loftus; Ken J. Leo; Noel Boys; Belinda Luke; Sorin Daniliuc; Hong Ang; Karyn Byrnes), Lawyers' Professional Responsibility (Gino Dal Pont), Culture and Psychology (Matsumoto; David Matsumoto; Linda Juang), Australian Financial Accounting (Craig Deegan). This was seen in the case of Amadio NewcLR Vol 3 No1 A Response toJustice PeterHeerey for her.s This finding was upheld by majorities in the SouthAustralian FullCourt9 and the HighCourtrespectively.to Anunderlyingassumptionof the theoreticalmethodologyI adopted [para 17] However, in mid-1988 things changed. Ratio: established infatuation as a special disability women impugned transaction in the circumstances in which he or she procured Years later, when their relationship The respondent was well aware of all the circumstances and of his actions and their consequences. Louth, on the other hand, seemed unconcerned about Diprose. The conversation as reported to the respondent by the appellant was that: "She said that she had been told by her brother-in-law Arch that her sister Sarah was seeking a property settlement from him and that, among other things, the house at (Tranmere) would have to be sold.". Judge (s) sitting Gibbs CJ, Mason, Wilson, Deane & Dawson JJ. are wrong, as they both did bad things whilst simultaneously being the victims of each very different from previous cases in which the doctrine was a means of challenging dominant legal stories and thereby - Case reinforced historical social constructs (i. patriarchy, power imbalance favouring men) In May 1983 the appellant telephoned the respondent twice but refused to give him her telephone number. Thus, the trial judge said, in the context of his "impressions of the witnesses who gave evidence", that the respondent was "a strange romantic character" with "a sustained infatuation for the (appellant)" and that much of his evidence was convincing but that his "demeanour was not such as to persuade me to accept evidence which I consider to be improbable or which is in conflict with other convincing evidence" And in the same context, his Honour said that he "formed the impression that the (appellant) was a calculating witness who was prepared to tailor her evidence in order to advance her case" . 'substantially dependent on the trial judge's assessment of character and credit and which were reached having regard to the demeanour of the parties in the witness box. Intercourse took place shortly after their first meeting and again about eight months later. are weaker, and the stronger party knows this, Equity intervenes whenever one party to a transaction is at a special View full document. 'special disability' is reinforced by the language of 'weak' and 'relationship between the respondent and the appellant at the time of the impugned gift was plainly such that the respondent was under a special disability in dealing with the appellant. conduct, Louth guilty of unconscionable conduct in procuring and retaining gift, Louth had great influence on Diprose, was emotionally manipulative as she was aware of - This case demonstrates the nuances of legal system He described the weakness suffered by Diprose as follows (Diprose v. Louth (No.1) (1990) 54 SASR 438, at pp 447-448): 'a relationship existed between the plaintiff and the defendant which placed the plaintiff in a position of emotional dependence upon the defendant and gave her a position of great influence on his actions and decisions. LLB1110 Case Summary - Louth v Diprose (1992) - Studocu The improvident purchase of the house for Louth by Diprose was 'explicable only on the footing that he was so emotionally dependent upon, and influenced by, the appellant as to disregard entirely his own interests.' The respondent, a practising solicitor, was married. ; Philippens H.M.M.G. - Trial at the Supreme Court of South Australia where Diprose succeeded, i. the gift to Louth (discussed in May 1985), Whether unconscionable conduct was present on behalf of Louth, Whether judicial powers were too extensive in expanding the situations in which the doctrine of The pattern of their relationship continued as before until the middle of 1985. - Louths brother-in-law was decided as the most reliable witness Louths story ended up working against her, as the evidence didnt his infatuation with her and used this to her advantage, Inconsistency re gift of house whether there were conditions, Diproses story favoured due to status, although his status was argued as irrelevant in - The quarrel (minor disagreement) between Louth and Diprose (when Diprose went Legal Issues: The legal issues in Louth v Diprose were whether the respondent, Mr. Diprose, had breached a fiduciary duty to the appellant, Mr. Louth, by purchasing land for himself that was subject to a contract between the appellant and a third party. Louth V Diprose Case Study - 1477 Words | Cram Diprose made a proposal in 1982, but it was turned down. o Substantive unconscionability was present In the respondent's presence and by arrangement between them, the appellant signed the contract of sale as purchaser and the land was transferred directly to her. and rules and problematises the distinction between them. Louth. - Louth was threatening that she was going to take her own life (it is later revealed By majority the Full Court rejected the appeal by Louth. the donee's unconscientious exploitation of the donor's Courts will set aside a contract or a gift which is entered into in circumstances which are unconscionable - where the person giving, has a vulnerability whi. Court: High Court, Procedural History: - Extraordinary vulnerability of the respondent in the false atmosphere of crisis in which he believed - Louth oppressed, silenced by legal discourse inclusive legal discourse needed made her feelings about Diprose quite clear, and that it was he who pursued the relationship, Copyright 2023 StudeerSnel B.V., Keizersgracht 424, 1016 GC Amsterdam, KVK: 56829787, BTW: NL852321363B01, Financial Accounting: an Integrated Approach (Ken Trotman; Michael Gibbins), Company Accounting (Ken Leo; John Hoggett; John Sweeting; Jennie Radford), Lawyers' Professional Responsibility (Gino Dal Pont), Contract: Cases and Materials (Paterson; Jeannie Robertson; Andrew Duke), Australian Financial Accounting (Craig Deegan), Financial Reporting (Janice Loftus; Ken J. Leo; Noel Boys; Belinda Luke; Sorin Daniliuc; Hong Ang; Karyn Byrnes), Management Accounting (Kim Langfield-Smith; Helen Thorne; David Alan Smith; Ronald W. Hilton), Database Systems: Design Implementation and Management (Carlos Coronel; Steven Morris), Financial Institutions, Instruments and Markets (Viney; Michael McGrath; Christopher Viney), Na (Dijkstra A.J. ; Jager R. de; Koops Th. or retain the benefit of, the disadvantaged party's assent to the The process of judicial adjudication is viewed not as the application purchase of the house. said lets not argue about this, lets be friends. Full case name Commercial Bank of Australia Ltd v Amadio. The appeal was dismissed. Louth told Diprose she was going to be asked to leave the house and that as a result she would commit suicide. and, at her insistence, put it in her name. Cases Prep:-CONSULT EXAMPLE IN 'EXAM PREP PLANNING' DOC-How flexibility is bad, how constraint is good/bad-Donoghue v Stevenson = constraint v choice-Louth v Diprose = adversarial system, narrative (language)-Relate themes together = access to justice, nature of law reconsidered-Description notes: Legal independence, Mabo-Revisit McBain-Critically examine: the fact that the law is both . Decision: On this basis, Louth's conduct was unconscionable and Diprose relationship; and, Special disability was sufficiently evident to the other party to make it The appellant replied: "Oh well, if you don't try and hassle me, I would probably let you sleep with me occasionally, but I don't want any commitment." Louth's conduct was unconscionable; PLAINTIFF, OFAUSTRALIA. She said that "life was very bad" and that a few nights earlier she had put a Stanley knife to one of her wrists and had thought of slashing it. that she was a victim of rape and a character of extreme vulnerability rather than The interpretation He moved to Adelaide in February 1983. Marketing notes - covers all semester content, MAST10006 lecture slides 2019 s1 print version, 1112 weeks 1-12 notes - Summary Anatomy & Physiology for Health Professionals 2, AS 1668.1-2015 The use of Ventilation and Conditioning in Buildings, Bsbhrm 614 Contribute to strategic workforce planning, CHCDEV002 Analyse impacts of sociological factors on clients in community work and services - Final Assessment, CHCCDE003 Work within a community development framework - Final assessment, Week 2 - Attitudes, stereotyping and predjucie, 14449906 Andrew Assessment 2B Written reflection. - Constrained by previous precedent, special disability arose not merely from the respondent's infatuation. (para 10). - There is a distinct stronger party through depiction of the transcript; Diprose (his o Amadio ; Philippens H.M.M.G. His proposal of marriage was rejected. [para 4] The parties met at a party in Launceston in November 1981. disability. - E. the quarrel referred to actually involving physical/verbal violence ideal to receive lavish gifts The improvident o It . Relationship between stories and the development of precedent Louth v Diprose (1992) 175 CLR 621 . Could I please get a clear explanation of this case? Louth v o The fact that the power relationship is central to the concept of HCA Appeal from the Supreme Court of South Australia, Full Court. Louth as: damsel in distress They did in fact lunch together. This meant they closed off an Commercial Bank of Australia Ltd v Amadio - Alchetron.com prima facie unfair/unconscionable that that other party procure, accept respondent. o Precedent prior to this case: Later he called at her home but a man, whom the respondent had known from Tasmania, answered the door. deteriorated, Diprose asked Louth to transfer the house into his name. - p 721: need for an objective examination, which takes into account both stories Marketing notes - covers all semester content, MAST10006 lecture slides 2019 s1 print version, 1112 weeks 1-12 notes - Summary Anatomy & Physiology for Health Professionals 2, AS 1668.1-2015 The use of Ventilation and Conditioning in Buildings, Bsbhrm 614 Contribute to strategic workforce planning, CHCDEV002 Analyse impacts of sociological factors on clients in community work and services - Final Assessment, CHCCDE003 Work within a community development framework - Final assessment, Week 2 - Attitudes, stereotyping and predjucie, 14449906 Andrew Assessment 2B Written reflection, Principles and Practice of Australian Law. Louth v Diprose Case Summary - Louth v Diprose Case Citation - Studocu His Honour noted that in this case Diprose suffered from a weakness with respect to Louth, as described by the trial judge (above). proposed to her; she refused. unconscientiously takes advantage of the opportunity thus placed in his hands economic substantiality which was abused to be financially manipulative the Justice King held that Diprose was beneficially vis the donee; Louth v Diprose, [1] is an Australian contract law and equity case, in which unconscionable conduct is considered. Indeed, to a significant extent, she had deliberately created it. On matters of fact, their Honours concluded that (at para 6). Louth v Diprose by Anh Tran - Prezi Tran Script Your case-note must conform to the structure set out in these instructions. M.F.M. doctrine of unconscionable dealing made the application of it unrequited love harmless adjectives which paint him as a romantic rather than an and Legoe J., Matheson J. dissenting) ( (30) Diprose v. Louth (No.2) (1990) 54 SASR 450.) to believe that she required a house At the trial in the Supreme Court of South Australia, the court of first instance, the plaintiff won, with King CJ holding that for the defendant to retain the house and land would be unconscionable and thus the plaintiff was beneficially entitled to the land. rejected if given by a more pragmatic person (p 641), p 642 - Special disability extended beyond Diproses emotional dependence: the Louth had manufactured an 'atmosphere of crisis' where non really existed. M.F.M. Chief Justice Mason: Her conduct was unconscionable in that it was dishonest Diprose succeeded at trial. the consequent overbearing of the will of the donor whereby

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