Cook v Permanent Mortgages Pty Ltd appeal

In Cook and Anor v Permanent
Mortgages Pty Ltd
[2007] NSWCA 219 the New South Wales Court of Appeal rejected an appeal by the defendant borrowers against the relief they were given from an unjust loan contract in their original trial in Permanent Mortgages v Cook.

The trial judge relieved the borrowers from the obligation to pay to the mortgagee fees associated with entry into the transaction, from payment of
interest at a default rate of 13.8%pa (5% more than the ordinary interest of 8.8% per annum), and from
any obligation to pay the mortgagee’s costs and expenses following

On appeal the borrowers sought relief from the obligation to pay even the ordinary interest at the rate of
8.8% per annum.

The Court of Appeal rejected that claim and stated "Relieving them from payment of
interest to the respondent would do more than restore them to their previous
position. It would improve their position."

However the Court of Appeal ordered that the mortgagee pay ninety per cent of the borrower’s trial costs and fifty per cent of appeal costs. 

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