Spina v Permanent Custodians Ltd

The dispute in *Spina v Permanent Custodians Ltd* concerned an application to set aside a loan agreement and a supporting mortgage entered into by an elderly mother and her son with the respondent. The application was heard in the Court of Appeal of New South Wales.

The primary legal issues before the court were whether the loan agreement and mortgage were unjust at the time they were entered into, and consequently, whether the court should grant relief under the Contracts Review Act 1980 (NSW). The court also considered principles of unconscionability and elder law in determining whether the transactions ought to be set aside.

The Court of Appeal allowed the appeal, setting aside the orders made by the court below. The court varied the loan agreement and the supporting mortgage, indicating that the original transactions were found to be unjust. The court ordered that the defendant pay 85% of the plaintiff's costs at first instance.