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Louth v Diprose
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Louth v Diprose : ウィキペディア英語版
Louth v Diprose

''Louth v Diprose'' ((1992) HCA 61) ) is an Australian contract law 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, Tasmania in 1981. He showered her with gifts and, at one time, proposed to her; she, however, refused. Subsequently, the defendant informed 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. Years later, 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, 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. The defendant subsequently appealed to the Full Court of South Australia again, however, the defendant lost on appeal, with Jacobs ACJ 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.

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