Cs sought statutory interest at the contractual price charged by D (29% each month); the Judge rejected CsвЂ™ first rationale (that this is the price C had to spend to borrow funds) and stated this process must certanly be on a commercial instances.
224: CsвЂ™ second argument had been that Cs could have utilized the extra funds to settle other HCST loans вЂ“ there could be more merit to that particular argument, nonetheless it will be better explored from the facts of the case that is particular.
Comprehensive judgment text available right here: Kerrigan v Elevate
Overview by Ruth Bala, counsel for the creditor.
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