A lender's indifference to the purpose of a loan, indicating willingness to lend on the value of security alone, is entitled to significant weight in determining whether a loan contract is unjust under the Contracts Review Act 1980 (NSW), particularly where the security is the borrower's family home. The purpose for which a loan is obtained is a relevant circumstance under s 7. Courts applying the Act are not confined by earlier decisions as if they were rules, and must apply contemporary community standards of justness. Appellate review of a finding of unjustness under s 7 proceeds under Warren v Coombes (evaluative judgment), not House v The King (discretion).
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