- Commercial Bank of Australia v Amadio [1983] HCA 14
High Court of Australia — Borrowers aged ≈70s (elderly Italian migrants on age pension).
Holding: Bank took unconscientious advantage of their special disadvantage (age, language, trust in son).
View judgment
- Elkofairi v Permanent Trustee Co Ltd [2002] NSWCA 413
New South Wales Court of Appeal — Mrs Elkofairi, 78-year-old widow on pension.
Holding: Mortgage over her only home set aside as both unjust and unconscionable.
View judgment
- Kowalczuk v Accom Finance [2008] NSWCA 343
NSW Court of Appeal — Mrs Kowalczuk, approx. 73 years old, age-pensioner.
Holding: Loan for son’s café was unjust per se; CRA s 7 applied to void the mortgage.
View judgment
- Permanent Mortgages v Vandenbergh [2010] WASC 10
Supreme Court of Western Australia — Mrs Vandenbergh, 80-year-old widow on pension.
Holding: Refinancing of PPOR to assist son set aside for unconscionable dealing; age + pension = special disadvantage.
View judgment
- Tonto Home Loans v Tavares [2011] NSWCA 389
NSW Court of Appeal — Borrower aged ≈79 years, pensioner.
Holding: Loan to assist grandson declared unjust; “tick-box” solicitor’s certificates held inadequate.
View judgment
- Fast Fix Loans v Samardzic [2011] NSWCA 260
NSW Court of Appeal — Mrs Samardzic, 76-year-old migrant widow, limited English.
Holding: Family pressure on elderly guarantor rendered the transaction unjust under CRA s 7.
View judgment
- Violet Home Loans v Schmidt [2013] VSCA 56
Victorian Court of Appeal — Mrs Schmidt, 72-year-old widow on full age pension.
Holding: Unlimited guarantee over PPOR for daughter’s $4 m loan set aside for unconscionable conduct.
View judgment
- RHG Mortgage Corporation v Ianni [2015] NSWCA 254
NSW Court of Appeal — Elderly couple (mid-70s) on pensions; forged loan documents.
Holding: Mortgage and loan declared void; lender acted unjustly and unconscionably by ignoring red flags.
(AustLII link not provided — please confirm exact citation for insertion.)
- Jams 2 Pty Ltd v Stubbings [2020] VSCA 200
Victorian Court of Appeal — Mr Stubbings, 65-year-old unemployed pensioner.
Holding: “Asset-based” lending disregarding capacity was unconscionable; appeal dismissed.
View judgment
- Stubbings v Jams 2 Pty Ltd [2022] HCA 6
High Court of Australia — Same borrower, 65 years old.
Holding: Certificates of “independent advice” were a precautionary artifice; mortgages void for unconscionable conduct.
View judgment
