Azar v Citigroup Pty Ltd [2011] NSWCA 380
On the primary factual findings, the appellants knowingly participated in arranging the loan and mortgage, acquiesced to misrepresentations made on their behalf, and understood the risks. Thus, the Loan Agreement and Mortgage were not unjust or unconscionable for the purposes of the Contracts Review Act or the Consumer Credit Code.
- Parties
- Appellant: Aziz Azar; Appellant: Ovsanna Azar; Respondent: Citigroup Pty Limited
- Jurisdiction
- Australia
- Judgment Date
- 13 December 2011
- Procedural Posture
- Appeal / Judgment on Appeal
- Outcome
- Appeal dismissed.
- Legal Topics
- Contracts Review Act, Unjust Contracts, Consumer Credit Code, Unconscionability, Mortgages, Loan Agreements
Case Brief
Summary, issues, holding and outcome
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Parties
Aziz Azar
Appellant
Ovsanna Azar
Appellant
Citigroup Pty Limited
Respondent
Procedural Posture
Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the mortgage and loan agreement were unjust or unconscionable under the Contracts Review Act 1980
- 2 Whether the Consumer Credit (New South Wales) Code applied to the loan agreement
- 3 Whether the appellants executed the relevant documents
Ratio Decidendi
On the primary factual findings, the appellants knowingly participated in arranging the loan and mortgage, acquiesced to misrepresentations made on their behalf, and understood the risks. Thus, the Loan Agreement and Mortgage were not unjust or unconscionable for the purposes of the Contracts Review Act or the Consumer Credit Code.
Court Disposition
Appeal dismissed.
Orders
- Appeal dismissed.
- Appellants pay the respondent's costs of the appeal.
Full Case Text
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