Turner v Windever

The appeal in *Turner v Windever* concerned an elderly widow who had mortgaged her home to her son-in-law to secure a loan. The agreed terms were for simple interest with no repayment due until the sale of the property or the widow's death. However, the mortgage document erroneously stipulated compound interest and payment on demand. Upon discovering this discrepancy, the widow became distressed and concerned about potential foreclosure, a concern not alleviated by her son-in-law's adverse stance in correspondence. Seeking to resolve the situation, she transferred her home to another daughter and son-in-law, who then paid out the mortgage. The transaction was considered improvident. The widow died before the trial.

The primary legal issues before the court were whether the primary judge erred in his approach to the widow's affidavit evidence, particularly where it was disputed and uncorroborated, and whether the widow was under a special disadvantage. Further, the court had to determine if the transferees had taken advantage of any such disadvantage.

The court held that there was no error in the primary judge's treatment of the affidavit evidence. Regarding the special disadvantage, the court found that the widow's unawareness that the mortgage could be rectified did not, on the facts, establish that she was under a special disadvantage. Consequently, the court concluded that it was not shown that she was under a special disadvantage, nor that the transferees had taken advantage of such a disadvantage.

The appeal was dismissed with costs.