Terry comes to you for advice. He had decided to leave his teaching position with Wollongong University and to strike out on his own in the business world. He was determined to start his own franchise business in the busy North Wollongong Shopping Centre. Terry tried to get finance from the major banks but was not successful. Finally, after a few weeks of looking around, he managed to obtain a loan of $700,000 from Ashanda, a finance company whose motto is "we will lend when the big banks will not". This loan was given to him at an interest rate of 15% per annum. Terry is as unsuccessful with his franchise business as he is with his university career, and is unable to meet the loan repayments. When this occurs, the lender refers him to the penalty conditions in the loan agreement, which will see the lender financially support him, but at an interest rate of 28% per annum. He argues strenuously that this goes contrary to their motto, but did not get a response. Advise Terry of his legal position in these circumstances. Support your answer with case law and legislation where applicable.