1A defence of non est factum requires the signatory to establish that the document signed was fundamentally or radically different from what was believed to be signed, and that the failure to read and understand it was not due to carelessness; where a guarantor received translated independent legal advice before signing, and does not positively assert the document was radically different from their understanding, the defence falls well short of the rare instances in which the doctrine applies.
2An 'all monies' clause in a mortgage securing 'all money which directly, indirectly, contingently, or otherwise at any time becomes due by the Mortgagor to the Mortgagee for any reason' will, on its proper construction having regard to the language of the security instrument as a whole and the purpose and object of the transaction, extend to obligations under a guarantee executed contemporaneously, notwithstanding that the mortgage was also given to secure a separate home loan of a different character.
3A bare assertion that a third party acted as agent for a lender in procuring execution of finance documents, without identifying the material facts establishing the agency relationship, the scope of authority, or any conduct by the principal holding out the agent, is fanciful and cannot ground defences of misrepresentation or misleading and deceptive conduct attributed to the lender.
