''Louth v Diprose'', is an

Australian contract law The law of contract in Australia is similar to other Anglo-American common law jurisdictions. Contract law in Australia differs from other jurisdictions because of statute law, and divergent development of common law by the High Court, particu ...

and equity case, in which unconscionable conduct is considered.

Facts

Solicitor Louis Donald Diprose (the plaintiff/respondent) was infatuated with Carol Mary Louth (the defendant/appellant), whom he had met in Launceston,

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in 1981. He showered her with gifts and, at one time, proposed to her; she, however, refused. Subsequently in 1985 the defendant informed the plaintiff that she was depressed and was going to be evicted and, if this happened, she would commit suicide (this was largely untrue). In response, the plaintiff agreed to buy her a house and, at her insistence, put it in her name. In 1988 when their relationship deteriorated, the plaintiff asked the defendant to transfer the house into his name. She refused and he brought proceedings seeking to recover the house. At the trial in the Supreme Court of South Australia, the

court of first instance A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accorda ...

, the plaintiff won, with

King King is the title given to a male monarch in a variety of contexts. The female equivalent is queen, which title is also given to the consort of a king. *In the context of prehistory, antiquity and contemporary indigenous peoples, the tit ...

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. The defendant subsequently appealed to the Full Court of South Australia again, however, the defendant lost on appeal, with Jacobs and Legoe J forming the majority and Matheson J dissenting. The defendant then filed special leave for an appeal to the High Court of Australia, which was granted.

Judgment

The appeal was dismissed. The property in Tranmere,

South Australia South Australia (commonly abbreviated as SA) is a state in the southern central part of Australia. It covers some of the most arid parts of the country. With a total land area of , it is the fourth-largest of Australia's states and territories ...

, which was purchased by the plaintiff but placed in the name of the defendant, remained recovered from the defendant to the plaintiff.

Impact

''Louth v Diprose'' remains an important case in Australian contract law and equity and extending the scope of unconscionable conduct, from '' Commercial Bank of Australia Ltd v Amadio''.. Accordingly, it is taught in most, if not all, Australian law schools as part of introductory, substantive contracts, and substantive equity classes. Furthermore, ''Louth v Diprose'' has been studied in academia. The purportedly limited presentation of the appellant's case has been noted.Moles R., Sangha B. (1995.
"Gendered Stereotypes and the "Facts""
''Flinders Journal of Law Reform'', 1(1).

References

{{Reflist, 30em 1992 in Australian law 1992 in case law Australian contract case law High Court of Australia cases