A mortgage aggregator appointed under a correspondent originator agreement that requires the aggregator to act 'on behalf of' the lender, in the lender's best interests, and in accordance with the lender's instructions and guidelines, is the agent of the lender notwithstanding express terms describing the aggregator as an independent contractor and disclaiming general agency. Knowledge acquired by the aggregator's representative in the course of originating a loan is imputable to the lender. Where such imputed knowledge reveals that an elderly borrower is in a position of special disadvantage — including being misled by a family member about the true purpose of the borrowing, having no capacity to service the loan, and lacking independent advice — the lender's acceptance of the transaction constitutes unconscionable dealing in equity and may contravene s 51AC of the Trade Practices Act 1974 (Cth).
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