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Higher default interest enforceable and not a penalty

The High Court has found that a contractual term allowing the lender to charge default interest was enforceable and not a penalty.  The test for the court to consider in penalty cases is whether charging a default rate protects a legitimate interest and, if such an interest exists, whether the sum payable is nevertheless extravagant, exorbitant or unconscionable.  In this case, a facility letter stated that any event of default, not only non-payment, switched the interest rat

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