In those circumstances, there is much force in the appellant's criticism of certain expressions used by the trial judge, such as "unrequited love", "pathetic devotion", "utter infatuation", "feeding the flames of the (respondent's) passion" and "bizarre behaviour". Diprose succeeded at trial. The trial judge held, the appellant manufactured an atmosphere of crisis with respect to the house where none really existed so as to influence the respondent to provide the money for the purchase of the house . ; Jager R. de; Koops Th. In part the uncertainty has arisen due to sustained feminist critiques of . M.F.M. evidence of his infatuation was overwhelming and, of its nature, that infatuation 82. disability and whether or not she used this to her advantage to gain In an undue influence case, where the parties involved have given - Essence of this weakness is that the weaker party is unaware that they Louth as: calculating whore (dangerous, undeserving and calculating) Louis Diprose (a solicitor twice divorced) became friends with Carol Louth, initially in Tasmania. o Blomley v Ryan weaker party was intoxicated and uneducated Louth v Diprose - Wikipedia She refused and Diprose brought this action. the floodgates to open, so they found the false atmosphere of crisis the donee, places the donor at a special disadvantage vis-a- to enter into a contract which they would not have entered into had, o In the case of Louth v Diprose, the actual truth was never exposed Her husband left her shortly afterwards. (Diprose v. Louth (No.1) (1990) 54 SASR 438, at p 448), King CJ described the appellant as follows (at p 444), 'I formed the impression that the (appellant) was a calculating witness who was prepared to tailor her evidence in order to advance her case. From the respondent's point of view, the whole transaction was plainly a most improvident one. '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. unconscientiously takes advantage of the opportunity thus placed in his hands By dishonestly manufacturing an atmosphere of crisis with respect to the house, the appellant played upon the respondent's susceptibility where she was concerned. That knowledge and his clear appreciation of the consequences of what he was doing run directly counter to a conclusion that he was suffering from some special disability or was placed in some special situation of disadvantage. Issues - p 720; Stock stories failed to capture the complex nature of human subjectively unrequited love harmless adjectives which paint him as a romantic rather than an Rather, the 'equitable jurisdiction exists when one of the parties "suffers from some special disability or is placed in some special situation of disadvantage" [citing Amadio per Mason J at p 461]. He showered her with gifts and at one time proposed to her; she refused. 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. He fell completely in love with the defendant. - Louth was threatening that she was going to take her own life (it is later revealed stipulated in prior precedents, judicial activism allows for this to be addressed, Louth and Diprose was in a long relationship (live separately), Louth said she was thinking about killing herself, because she was about to get kicked out of her infatuation with Louth Issue: Years later, when their relationship Louth v Diprose explained - Special disability arose not merely from the respondents infatuation Commercial Bank of Australia Ltd v Amadio - Alchetron.com Telstra Corp v Treloar (2000) FCA 1171" The: o Ratio of decisions of o Higher courts in the o Same hierarchy are binding on all lower courts in that hierarchy. At first he made no contact with the appellant, being concerned that she might think he was harassing her. refused and he brought proceedings seeking to recover the house. are wrong, as they both did bad things whilst simultaneously being the victims of each Louth v Diprose (1992) 175 CLR 621 Instructions: You must write a case-note on one of the five following cases. 621 louth. Ruling court High Court of Australia. Louth, on the other hand, appeared somewhat indifferent to Diprose. o Wilton v Farnworth Brennan J Question: Essay question: Discuss the relevance of a 'special disadvantage' in cases of unconscionable conduct, as discussed in the cases of Commercial Bank of Australia v Amadio (1983) 151 CLR 447, Louth v Diprose (1992) 175 CLR 621 and other cases

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