Commonwealth Consolidated Acts

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Interest up to judgment

  (1)   In any proceedings, other than proceedings on appeal, for the recovery of any money (including any debt or damages or the value of any goods) in respect of a cause of action that arises after the commencement of this section, the High Court shall, upon application, unless good cause is shown to the contrary, either:

  (a)   order that there be included in the sum for which judgment is given interest at such rate as the Court thinks fit on the whole or any part of the money for the whole or part of the period between the date when the cause of action arose and the date as of which judgment is entered; or

  (b)   without proceeding to calculate interest in accordance with paragraph   (a), order that there be included in the sum for which judgment is given a lump sum in lieu of any such interest.

  (2)   Subsection   (1) does not:

  (a)   authorize the giving of interest upon interest or of a sum in lieu of such interest;

  (b)   apply in relation to any debt upon which interest is payable as of right whether by virtue of an agreement or otherwise;

  (c)   affect the damages recoverable for the dishonour of a bill of exchange;

  (d)   limit the operation of any enactment or rule of law which, apart from this section, provides for the award of interest; or

  (e)   authorize the giving of interest, or a sum in lieu of interest, otherwise than by consent, upon any sum for which judgment is given by consent.

  (3)   Where the sum for which judgment is given (in this subsection referred to as the relevant sum ) includes, or where the High Court, in its absolute discretion, determines that the relevant sum includes, any amount for:

  (a)   compensation in respect of liabilities incurred which do not carry interest as against the person claiming interest or claiming a sum in lieu of interest;

  (b)   compensation for loss or damage to be incurred or suffered after the date on which judgment is given; or

  (c)   exemplary or punitive damages;

interest, or a sum in lieu of interest, shall not be given under subsection   (1) in respect of any such amount or in respect of so much of the relevant sum as in the opinion of the Court represents any such amount.

  (4)   Subsection   (3) shall not be taken to preclude interest or a sum in lieu of interest being given, pursuant to this section, upon compensation in respect of a liability of the kind referred to in paragraph   (3)(a) where that liability has been met by the plaintiff, as from the date upon which that liability was so met.

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