Court of Appeal Wellington
10, 11 October; 6 November 1991
Richardson, Gault and McKay JJ
10, 11 October; 6 November 1991
Richardson, Gault and McKay JJ
Equity — Unconscionable bargain — Undue influence — Guarantee — Mother guaranteed her son's liability under a bond by a mortgage over her house — Mother, who was under a mental disability, was under influence of her son — Bonding company had no knowledge of mother's impairment — Whether son was agent of bonding company in obtaining execution of guarantee and mortgage — Whether son's knowledge of his mother's impairment should be imputed to bonding company — Whether bonding company had acted unconscionably — Whether bonding company was entitled to exercise its powers under mortgage.
Loading... Please wait...
