A finding that an earlier mortgage was 'unjust' at the time it was entered into does not, without more, establish that the borrower obtained no benefit from its discharge when determining relief under s 7(1) of the Contracts Review Act 1980 (NSW). The borrower must establish that the earlier mortgage was liable to be set aside or avoided at their suit. The onus remains on the party seeking relief to establish facts justifying orders relieving them from the obligation to repay moneys used to discharge existing mortgages. St George Bank v Trimarchi is confined to cases where the borrower establishes that the pre-existing liability arose under a transaction that could have been avoided at the borrower's suit.
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