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AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933 - SECT 53A

Interest up to judgment

  (1)   In any proceedings for the recovery of any money (including any debt or damages or the value of any goods) the Supreme Court or the Judge 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 or the Judge, as the case may be, thinks fit on the whole or any part of the money for the whole or any part of the period between the date when the cause of action arose and the date as of which the 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; or

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

  (3)   Where the sum for which judgment is given (in this subsection referred to as the ' relevant sum ' ) includes, or where the Court or the Judge in its or his 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 or the Judge represents any such amount.



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