The possibility that the Garcia/Yerkey v Jones principles concerning unconscionable enforcement of surety transactions against wives may extend to the relationship of an elderly mother and her adult son was left open by the majority, particularly where the mother had no capacity to repay the amount borrowed. The case also confirms that summary judgment should not be granted in mortgage enforcement proceedings where the mortgagor raises arguable defences of unconscionable conduct and undue influence and the full facts have not been tested by cross-examination.
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