 | South Australia - 1902 - 412 pągines
...in excess of the sum adjudged by the Court to be fairly due in respect of such principal, interest, and charges as the Court, having regard to the risk...has been paid, or allowed in account, by the debtor, order the creditor to re-pay it, and may set aside either wholly or in part, or revise or alter, any... | |
 | 1900 - 728 pągines
...by the court to be fairly due in respect of principal and interest and of such charges as aforesaid as the court, having regard to the risk and all the...has been paid, or allowed in account, by the debtor, can order the creditor to repay it ; and can set aside, either wholly or in part, or revise, or alter,... | |
 | Great Britain. Parliament - 1900 - 992 pągines
...in excess of the sum adjudged by the court to be fairly due in respect of such principal, interest and charges as the court, having regard to the risk...adjudge to be reasonable ; and if any such excess lias been paid, or allowed in ac- i count, by the debtor, may order the creditor to repay ij ; and... | |
 | 1913 - 792 pągines
...the. debtor from payment of any sum in excess of 12 per cent, interest. Then come the following words: "and if any such excess has been paid, or allowed in account, by the debtor," the Court "may order the creditor to repay it, and may set aside, either wholly or in part, or revise,... | |
 | Joseph Chitty - 1904 - 940 pągines
...in excess of the sum adjudged by the Court to be fairly due in respect of such principal, interest, and charges as the Court, having regard to the risk...all the circumstances, may adjudge to be reasonable. Similarly, a borrower may himself proceed against a " money-lender," and obtain similar redress, and... | |
 | 1906 - 760 pągines
...interest and charges, as the court, having regard to the risk and all the circumstances, may judge to be reasonable: and if any such excess has been...the debtor, may order the creditor to repay it; and mav set aside, either wholly or in part, or revise, or alter, any security Jven or agreement made in... | |
 | Alexander Wood Renton, Maxwell Alexander Robertson - 1906 - 736 pągines
...in excess of the sum adjudged by the Court to be fairly due in respect of such principal, interest, and charges, as the Court, having regard to the risk...the circumstances, may adjudge to be reasonable." In such an action, however, the Court will not reopen any previous transaction closed by payment, unless... | |
 | 1906 - 964 pągines
...payment of any sum adjudged by the Court to be fairly " due in respect of such principal, interest, and charges as " the Court, having regard to the risk and all the circum" stances, may adjujge to b^ reasonable." Now, it may with some confidence be surmised that the... | |
 | Canada - 1907 - 670 pągines
...any sum in Lender to excess of the said rate of interest; and if any such excess has repay excess. been paid, or allowed in account, by the debtor, may...to repay it, and may set aside, either wholly or in partj or revise, or alter, any security given in respect of the transaction. 6 E. VII., c. 32, s. 4.... | |
 | Victoria - 1908 - 542 pągines
...the court having regard to the risk the value of the security the time of repayment and all the other circumstances may adjudge to be reasonable ; and if...allowed in account by the debtor may order the creditor or the money lender to repay it, and may set aside either wholly or in part or revise or alter any... | |
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... and relieve the person sued from payment of any sum in excess of the sum adjudged by the court to be fairly due in respect of such principal, intereist and charges, as the court, having regard to the risk and all the circumstances, may adjudge to... 
