A bank that provides written risk warnings, gives oral explanations of exchange rate risks at a pre-signing meeting, includes prominent Risk Disclosure Statements in the facility letter, and asks whether the borrower has questions does not act unconscionably merely because the borrower does not fully appreciate the implications of adverse currency movements. An intelligent borrower with access to legal advice who chooses not to seek it is not in a position of special disadvantage. Where unconscionability is established in a mortgage context, the remedy is reduction of the secured debt, not avoidance of the mortgage.
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