• Penalty Interest: Higher & Lower Interest Rate Permissible

    penalty interest

    Penalty Interest – Court of Appeal confirms that it is permissible for a lender to charge a higher and a lower rate of interest.

    In Kellas-Sharpe & Ors v PSAL Limited [2012] QCA 371, the Queensland Court of Appeal considered whether the charging of a lower concessionary rate of interest and a higher standard rate of interest gives rise to the operation of an unenforceable penalty rate of interest.

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