Scenario 1

Arvin, a car mechanic (and owner of Fixacar Co. Ltd), is 50-years old and suffers from mild dementia. Arvin's business has not been going well recently because of his illness. He and his wife, Angela, work casually (Arvin as a mechanic and Angela as an artist), and jointly own two mortgaged properties (one in which they live) in the inner city. One day, Arvin receives a call from Tony, a close family friend. Tony works as a property and finance consultant, and Arvin has relied on Tony's advice ever since he was diagnosed with dementia. Tony tells Arvin that now is a good time to invest in rural property, and that it would help Arvin pay off the mortgage of his two houses quicker. Arvin has been quite anxious about his loan repayments, so he asks Tony how to go about acquiring a rural property. Tony explains to Arvin that he can secure a loan at a very good interest rate if Arvin is willing to put up his two properties to secure the loan, and to guarantee the loan. Tony advised Arvin, that Arvin could use his mechanic business to secure the loan. The loan documentation included a certificate of independent legal advice to be signed by a lawyer and a certificate of independent financial advice to be signed by an accountant. It was through Tony's associated business connections that these certificates were obtained and signed. Arvin signs the loan agreement with JohnnyBank Ltd. (through Tony). After six months, Arvin is unable to pay the repayments for the loan. JohnnyBank wish now to secure their rights over the mortgaged properties. Arvin comes to you for advice. You recall reading a High Court case in the recent past (last few years) that sounds similar to Arvin's situation.

Advise Arvin.

Please use case law to support your answer.