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Hewitt v First Plus Financial Group [2010]

Facts

  • A husband convinced his wife to sign a charge for his separate debts
  • He was having an affair at the time

Issue

  • Could the charge be set aside for undue influence

Decision

  • Yes

Reasoning

  • Through his abuse of the trust and confidence the wife had in her husband, the wife’s conscious exercise of will could be vitiated and the re-mortgage transaction set aside
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