[1] The McDonalds entered into an illegal scheme with some Nigerians that in return of an investment of $285,000, they would receive $2,000,000.

The McDonalds borrowed the money from an estate that Mr Duncan, a solicitor, was managing, and they used a property as security for the loan.

Duncan was aware of the illegal nature of the transaction when he lent the money.

Unsurprisingly, the McDonalds were a victim of a Nigerian scam, leaving the McDonalds unable to repay the mortgage on their property, and Duncan sought to enforce the mortgage.

Footnote: This case is similar to Polymer Developments Group Ltd v Tilialo