Paull v Paull

Equity – Undue influence. The transfer of certain property owned by the claimant father to the defendant son, objectively considered, had called for an explanation. In the absence of an explanation which afforded a reasonable explanation for the transaction, and in the context of the relationship of trust and confidence that had been found to exist between the parties, the presumption of undue influence by the defendant was made good. On the basis that the defendant had failed to rebut that presumption, the Business and Property Courts allowed the claimant's application for an order setting aside that transfer.

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