Victorian Current Acts Victorian Current Acts(1) In any action on any bond or on any penal sum for non-performance of any covenant or agreement in any indenture deed or writing the plaintiff may assign as many breaches as he thinks fit and may recover not only such damages as have been usually awarded in such cases, but also damages for such of the said breaches so assigned as the plaintiff proves to have occurred; and judgment may be entered as nearly as may be as heretofore has been usually done in such actions.
(2) If interlocutory judgment in any case is given for the plaintiff by confession or in default of appearance or of pleading, the plaintiff may suggest as many breaches of the covenants and agreements as he thinks fit and may on proof of such breaches recover damages accordingly.
S. 30(3) amended by No. 57/1989 s. 3(Sch. item 102.6(a)(b)).
(3) If the defendant after judgment and before execution pays into the court where the action is brought to the use of the plaintiff such damages together with the costs of the action, or if by reason of any execution the plaintiff is fully paid or satisfied all such damages together with his costs of the action and all reasonable charges and expenses for the said execution, further proceedings in the said judgment shall be stayed. But notwithstanding in each case such judgment shall remain as a further security to answer to the plaintiff such damages as are sustained for further breach of any covenant or agreement in the same indenture deed or writing contained, and upon any such breach the plaintiff may summon the defendant or his executors or administrators to show cause before the court why execution should not be had or awarded upon the said judgment, upon which there shall be the like proceeding or such other proceeding as the court may order for inquiry as to such breaches and assessing damages thereon; and upon payment or satisfaction in manner as aforesaid of such future damages costs charges and expenses as aforesaid all further proceedings on the said judgment shall to the like extent again be stayed.
(4) Where an action is brought upon any bond which has a condition or defeasance to make void the same upon payment of a lesser sum at a day or place certain, if the obligor has before the action brought paid to the obligee the principal and interest due by the defeasance or condition of such bond, though such payment was not made strictly according to the condition or defeasance, yet it may nevertheless be pleaded in bar of such action; and shall be as effectual a bar thereof as if the money had been paid at the day and place according to the condition or defeasance and had been so pleaded.
(5) If at any time pending an action upon any such
bond with a penalty the defendant brings into court all the principal money
and interest due on such bond and also all costs properly chargeable by the
plaintiff against the defendant in respect of any actions or suits upon such
bond, the said money so brought in shall be deemed and taken to be in full
satisfaction and discharge of the said bond; and the court shall give judgment
to discharge every such defendant of and from the same accordingly.
Part V—Public contracts
No. 3706 s. 26.
S. 31 amended by No. 25/2023 s. 7(Sch. 1 item 16.2).