Claim for possession of land by mortgagee/lender — elderly parents mortgage their home to secure borrowings by son and his company — defence of undue influence and cross-claim under Contracts Review Act 1980 — Application of Contracts Review Act — asset lending — improvident transaction from parents' point of view — failure by mortgagee to make any inquiries as to financial circumstances of parents — effect of explanation by solicitor of loan documents — loan agreement unjust as it affected parents — whether Court should exercise its discretion to apply Contracts Review Act in favour of parents.
Case Details
Citation[2011] NSWSC 19
CourtNSWSC
JurisdictionNew South Wales
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