YOUNAN and ANOR v BENEFICIAL FINANCE CORPORATION LTD [1994] NSWCA 370

YOUNAN and ANOR v BENEFICIAL FINANCE CORPORATION LTD [1994] NSWCA 370

On all of the facts, neither equitable relief nor relief under the Contracts Review Act 1980 should be granted. Beneficial Finance Corporation Ltd was not shown to have knowledge of any particular disadvantage, did not act unconscientiously, and took conventional precautions; the contracts were not unjust in the statutory sense. Discretion as to relief was properly exercised at trial and no error was established warranting appellate intervention.

Parties
Appellant: Mrs Younan; Appellant: Mrs May Bechara; Respondent/cross Appellant: Beneficial Finance Corporation Ltd; Cross Respondent: DL Davies
Jurisdiction
Australia
Judgment Date
21 November 1994
Procedural Posture
Appeal / Court of Appeal Decision
Outcome
Appeal and cross appeals dismissed with costs.
Legal Topics
Guarantees, Contracts Review Act, Undue Influence, Mortgages, Relief Against Enforcement of Contract
Contract Law Equity Guarantees Contracts Review Act Undue Influence Mortgages Relief Against Enforcement of Contract

Case Brief

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Parties

Mrs Younan

Appellant

Mrs May Bechara

Appellant

Beneficial Finance Corporation Ltd

Respondent/cross Appellant

DL Davies

Cross Respondent

Procedural Posture

Appeal / Court of Appeal Decision

Legal Issues

  1. 1 Whether guarantees and mortgages entered by Mrs Younan and Mrs Bechara are void, voidable or unenforceable on equitable grounds or should be set aside under the Contracts Review Act 1980.
  2. 2 Whether the Contracts Review Act 1980 provides discretionary relief, having regard to the knowledge and conduct of Beneficial Finance Corporation Ltd.

Ratio Decidendi

On all of the facts, neither equitable relief nor relief under the Contracts Review Act 1980 should be granted. Beneficial Finance Corporation Ltd was not shown to have knowledge of any particular disadvantage, did not act unconscientiously, and took conventional precautions; the contracts were not unjust in the statutory sense. Discretion as to relief was properly exercised at trial and no error was established warranting appellate intervention.

Court Disposition

Appeal and cross appeals dismissed with costs.

Orders

  • Appeals and cross appeals dismissed with costs.