 The Respondent initiated legal proceedings to recover the property, alleging he had suffered a special disability entitling rescission of the contract.Deane J, in the majority, held that Diprose’s infatuation placed him in a position of emotional dependence which placed Louth in a position of ascendancy and influence.Louth was found to be aware of the special disability she had deliberately created and exploited it for her benefit, even though Louth articulated her lack of romantic interest in Diprose on numerous occasions.