BNY Trust Company v Glambedakis [2009] NSWSC 815

The wife resisted possession on the grounds of unconscionability. The court decided that the wife’s circumstances did not fit the criteria for relief because crucially she was given independent legal advice. Lenders should not draw comfort from this and regard independent legal advice as a panacea. The lender in this case was fortunate that the wife did not allege breach of the Contracts Review Act which would not have been so easily dealt with. Matthew Bransgrove’s book The Essential Guide to Mortgage Law in NSW has a whole chapter on Contracts Review Act defences and explains clearly how to avoid being caught by the act.

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