---
title: "Elderly Borrowers"
description: "Summaries of key Australian cases where elderly borrowers were protected from unjust or unconscionable lending practices."
url: "https://bransgroves.com.au/policies/elderly-borrowers/"
breadcrumb: "Policies / Elderly Borrowers"
parent: "../index.md"
updated: "2026-09-14"
---

# Elderly Borrowers

Policies › Elderly Borrowers

1. **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](https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/1983/14.html)
2. **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](https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWCA/2002/413.html)
3. **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](https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWCA/2008/343.html)
4. **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](https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/wa/WASC/2010/10.html)
5. **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](https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWCA/2011/389.html)
6. **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](https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWCA/2011/260.html)
7. **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](https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VSCA/2013/56.html)
8. **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.
9. **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](https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/2022/6.html)

![Elderly Borrowers](https://bransgroves.com.au/policies/elderly-borrowers/elderly-borrowers.jpg)

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