Azar v Citigroup Pty Ltd

The appeal in *Azar v Citigroup Pty Ltd* concerned a dispute over a mortgage and loan agreement. The appellants, Azar, sought to challenge the enforceability of these agreements, alleging they were unjust. The matter was heard by the Court of Appeal of New South Wales, comprising Campbell and Young JJA and Sackville AJA.

The central legal issue before the Court of Appeal was whether the primary judge had erred in finding that the mortgage and loan agreement were not unjust within the meaning of the Contracts Review Act 1980 (NSW). This required the Court to consider the findings of fact made by the primary judge in relation to the circumstances surrounding the formation and terms of the agreement.

The Court of Appeal upheld the primary judge's decision, finding that the factual findings supported the conclusion that the agreement was not unjust. The Court applied the principles of the Contracts Review Act, which requires a finding of injustice based on the circumstances at the time the contract was made, as well as subsequent circumstances. The Court found no basis to interfere with the primary judge's assessment of the evidence.

Consequently, the appeal was dismissed, and the appellants were ordered to pay the respondent's costs of the appeal.