A borrower's sentimental preference for one grazing property to be mortgaged rather than another to secure the same debt does not make the mortgage 'radically different' for the purposes of non est factum, where the borrower knew he was incurring personal liability for the loan amount secured over two of his properties. Conditional relief under s 7(1) of the Contracts Review Act 1980 (NSW) is not vitiated by the applicant's inability to comply with conditions where that inability was not brought to the trial judge's attention. The Amadio principles regarding unconditional relief for unconscionable bargains do not apply to principal debtors in the same way as guarantors, because principal debtors must make restitution for benefits received.
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