A general power of attorney in the form of Schedule 7 to the Conveyancing Act 1919 (NSW), even with clause 2 included (permitting acts conferring a benefit on the attorney), does not authorise the attorney to enter into transactions solely for the attorney's benefit which confer no benefit on or cause detriment to the grantor. The fiduciary constraints inherent in the agency relationship are preserved by s 163B(1) and are not abrogated by s 163B(2). A mortgagee whose solicitor knows that a power of attorney is being used to mortgage the grantor's property solely for the attorney's business, that the grantor is elderly and has no independent advice, and that the transaction is wholly improvident from the grantor's perspective, may be found to have engaged in unconscionable conduct giving rise to a personal equity sufficient to defeat indefeasibility of the registered mortgage.
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