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21 Mar

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Compensatory Interest

21 March, 2021 | By |

Compensatory Interest

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

224: Cs’ second argument had been that Cs might have utilized the extra funds to settle other HCST loans – there could be more merit compared to that argument, nonetheless it could be better explored regarding the facts of a specific instance.

Comprehensive judgment text available right here: Kerrigan v Elevate

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

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