Brigham (a pseudonym) v Trustees of the Christian Brothers [2026] VSC 522 (Link to JADE).
Brigham alleged abuse at a school and instructed lawyers to seek compensation. In July 2019 he instructed his solicitors to accept an offer, and a deed was sent to him for signing. In Augusts 2019 Brigham signed and returned the deed.
The court was required to determine preliminary questions as to whether Brigham was under a disability when instructions were given to his then lawyers in July, or when he signed the deed in August. The disability issues appeared to focus primarily on alcohol consumption / intoxication.
Having reviewed the evidence the court held that while the plaintiff was under a disability in July, he was not under a disability in August when he signed the deed.
Even though he was under a disability in July, that did not render the August deed unenforceable.
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