In Philpott et al v. Sullivan, a case involving a dispute over ownership of a crab fishing licence, the issues were whether a written agreement between the parties reflected the true bargain reached by the parties and whether one party could avoid her obligations because of a lack of independent legal advice or because the agreement was contrary to public policy. Orsborn J. held that the written agreement could not be avoided by pleading non est factum, unconscionability or public policy. Orsborn J. also commented, in a concluding paragraph of his judgment, on the defendant’s assertion that she was entitled to “unpaid bonus money”. He wrote:
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