Higgs v Thompson [2006] NSWSC 920

The borrower/mortgagor was an elderly man suffering from dementia born in 1914. His daughter guaranteed the loan but the court found she was in substance the borrower. The court also found she had provided false information to obtain the loan. The borrower/mortgagor sought relief against under the Contracts Review Act. The judgement makes no mention of relief sought against the lender. The court granted relief under the Contracts Review Act amending the contract to give the father the right of indemnity against his daughter. The lender does not appear to have suffered any adverse order.

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