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Cs sought interest that is statutory the contractual price charged by D (29% each month); the Judge rejected Cs’ first rationale (that it was the price C needed to spend to borrow cash) and said this process must certanly be limited to commercial situations.

224: Cs’ second argument had been that Cs might have utilized the extra funds to repay other HCST loans – there could be more merit to that particular argument, however it could be better explored regarding the facts of the specific situation.

Comprehensive judgment text available right right right here: Kerrigan v Elevate

Overview by Ruth Bala, counsel when it comes to creditor.

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