8 in the eventuality of standard, the respondent additionally agrees to pay for: expenses as liquidated damages ($350 when you look at the four agreements into the $500 $562 range; $500 into the two agreements involving a lot more than $1,000); a collection fee for cheques which are not honoured; a fee that is locate of450.00 plus GST should any mail be came back; and 59% interest following the date of standard.
9 In each claim, the appellants look for the total amount that the respondent decided to spend within the promissory note (except in a single case, the place where a partial payment is deducted). The claim means the quantity once the “payday advance”. Nonetheless, based on the promissory note, that quantity includes interest and costs as well as the quantity which was advanced level to each respondent.
10 The appellants additionally look for 59% interest through the date of standard in every six instances. A locate fee is sought ($450 plus GST of $22.50), with an invoice for that amount attached in some of the cases. The appellants also seek either $75 or $95 for cheques that have not been honoured in some of the cases.
11 In each full instance, the judge published within the quantities he awarded on a questionnaire entitled “Trial & Assessment Hearing Endorsement Record”.
12 The judge awarded: judgment when you look at the quantity that the appellant claimed had been advanced level, or somewhat pretty much than that amount; expenses of either $200 (within one situation) or $225 (in five instances); pre judgment interest of 22per cent through the date of standard; and upload judgment interest in the court price.
13 in every full situations, the judge awarded significantly less than the total amount which was advertised. n each instance, the judge completed quantities in the type into the areas for: judgment, expenses, pre judgment interest and post judgment interest.