MIGRATION ACT 1958 - SECT 140SA Interest up to judgment

MIGRATION ACT 1958 - SECT 140SA

  (1)   A party to proceedings under section   140S may apply to the eligible court for an order under subsection   (2).

  (2)   If an application is made under subsection   (1), the eligible court must, 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 eligible court thinks fit on the whole or any part of the money for the whole or any part of the period between:

  (i)   the date when the cause of action arose; and

  (ii)   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 instead of any such interest.

  (3)   Subsection   (2) does not:

  (a)   authorise the giving of interest upon interest or of a sum instead of such interest; or

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

  (c)   authorise the giving of interest, or a sum instead of interest, otherwise than by consent, upon any sum for which judgment is given by consent.