![Case Note: Bellas v Powers [2023] NSWSC](/upload/holman-webb-lawyers/shutterstock1126190390.jpg)
The case of Bellas v Powers [2023] NSW SC involved a dispute over the enforceability of a clause that imposed a higher interest rate on a loan facility in the event of default. The court held that the clause was a penalty as it was extravagant and unconscionable in comparison with the greatest loss that could be proved to have followed from the breach. The term was therefore deemed void and unenforceable.
