A finding of unjustness under the Contracts Review Act 1980 (NSW) will be upheld on appeal even applying a standard of review broader than that for discretionary orders, where the trial judge's evaluative findings are supported by unchallenged primary facts. The discharge of a prior indebtedness does not preclude avoidance of a refinancing transaction where the prior transaction was itself unjust. A lender's failure to follow its own internal safeguards regarding independent advice for guarantors is a relevant consideration in the unjustness calculus, though the Act does not impose a universal obligation on lenders to ensure borrowers obtain independent advice.
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