New South Wales Repealed Acts

This legislation has been repealed.

LOCAL COURTS (CIVIL CLAIMS) ACT 1970 - SECT 39A

39A Order for interest

(1) In any proceedings for the recovery of any money (including any debt, demand or damages or the value of any goods), the court may order that there shall be included, in the amount for which judgment is given, interest at such rate as it thinks fit on the whole or any part of that amount for the whole or any part of the period between the date when the cause of action arose and the date when the judgment takes effect.

(2) Where:

(a) proceedings have been commenced for the recovery of a debt, a liquidated demand or liquidated damages, and

(b) payment of the whole or a part of the debt, demand or damages is made during the currency of the proceedings and prior to or without judgment being given in respect of the debt, demand or damages,

the court may order that interest be paid at such rate as it thinks fit on the whole or any part of the money paid for the whole or any part of the period between the date when the cause of action arose and the date of the payment.

(3) This section does not:

(a) authorise the giving of interest upon interest,

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

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

(4) The rules may provide that the provisions of subsection (1) or (2), or both, do not apply to or in respect of any proceedings of a class or description that is specified in the rules.