A borrower claiming that a loan contract is unjust under the Contracts Review Act 1980 (NSW) bears the onus of proving the facts relied upon to establish unjustness, including the value of assets central to the exit strategy. A lender's failure to verify a borrower's estimate of asset value cannot bear on unjustness unless it is shown that such inquiry would have revealed something of relevance. Prior loan history does not establish lack of financial acumen where the circumstances of those transactions are unexplained. Age alone does not indicate inability to protect one's own interests. When formulating relief, the court must consider whether the borrower's own subsequent decisions (rather than the unjustness) caused the losses, and whether the borrower received benefits from the loan.
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