John v Cole (3 of 1928) [1928] SLSC 3 (15 August 1928)


Money -interest- rate of interest- excessive interest justifies court's
- intervention unless lender shows transaction not harsh and uncon- 5
scionable in circumstances: A borrower of money is entitled to statutory
relief under s.3 of the Money-lenders Ordinance (cap. 129) if the court
finds that the money lending transaction is "harsh and unconscionable;"
an excessively high interest rate, if unexplained is sufficient to justify the
court's intervention, and if such a rate is established the onus shifts to
the lender to show that in the circumstances the charge is not harsh and 1 0
unconscionable.

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