William Kanaan
Nov 17
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
