MORTGAGE- Real Property- mortgages- claim by mortgagee for possession on default- cross claim under Contracts Review Act- claim by second mortgagee for possession when order for possession already made in favour of first mortgagee- whether orders should be made.
CONTRACT- loan agreements secured by mortgage- lender told purpose of loan- no evidence this was untrue or unintended - borrower understood the nature of documents signed and lender's solicitor relied on documents forwarded to him signed by borrower as to loan purposes, and independent advice- no disability- whether contracts unjust.
EQUITY- unconscionable conduct- no evidence of special disability.
Case Details
Citation[2012] NSWSC 683
CourtNSWSC
JurisdictionNew South Wales
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