Cs sought statutory interest at the contractual price charged by D (29% every month); the Judge rejected Cs’ first rationale (that this is the price C needed to spend to borrow cash) and stated this process should really be limited to commercial situations.
224: Cs’ second argument had been that Cs will have utilized the surplus funds to settle other HCST loans – there could be more merit compared to that argument, however it will be better explored regarding the facts of a case that is particular.
Complete judgment text available right here: Kerrigan v Elevate
Overview by Ruth Bala, counsel when it comes to creditor.
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