A lender's failure to implement its own scheme for certifying that guarantors have obtained independent legal advice is a relevant factor in assessing unjustness under s 7 of the Contracts Review Act 1980 (NSW) and unconscionability under s 51AC of the Trade Practices Act 1974 (Cth), but is not entitled to determinative weight where the guarantee is clear and the guarantor has no relevant disability. A co-director who procures execution of a guarantee from another director acts on behalf of the company, not the lender, and the lender is not responsible for the co-director's misrepresentations. A misrepresentation constituting false or misleading conduct does not, of itself, amount to unconscionable conduct.
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