MAGISTRATES COURT ACT 1991 - SECT 33
MAGISTRATES COURT ACT 1991 - SECT 33
(1) In an action for
damages, the Court may give a declaratory judgment finally determining the
question of liability between the parties, but leaving the quantum of damages
to be determined subsequently.
(2) The Court may, at
the time of giving declaratory judgment or subsequently, order the
defendant—
(a) to
make such interim payments as the Court thinks fit on account of the damages
that are yet to be finally assessed (but such payments should not include any
allowance for non-economic loss unless the Court is satisfied that there is
good reason for including such an allowance);
(b) to
give such security as the Court thinks fit for the payment of damages yet to
be assessed.
(3) If—
(a)
declaratory judgment is given in a case of personal injury; and
(b) the
injured person is incapacitated (wholly or partially) for employment; and
(c) it
appears to the Court that the injured person is not making adequate efforts
towards rehabilitation for employment,
a component of an interim payment attributable to loss of earnings must not
exceed 75% of the loss of earnings over the period to which the interim
payment relates.
(4) A party to an
action in which declaratory judgment has been given may at any time apply to
the Court for a final assessment of damages.
(5) If an application
is made under subsection (4) and—
(a) the
action arises from personal injury and the medical condition of the injured
person appears to have stabilised; or
(b) four
years or more have elapsed since the date of the declaratory judgment,
the application should not be refused except in exceptional circumstances.
(6) If a party in
whose favour a declaratory judgment has been given dies before the final
assessment of damages—
(a) the
administrator of the deceased's estate may continue the action for the benefit
of the estate (in which case the deceased's damages will be finally assessed
to the date of death and further allowance may be made for damages allowable
under the Survival of Causes of Action Act 1940 ); or
(b) if
the deceased's death was caused or accelerated by the circumstances out of
which the action arose—the administrator may convert the action into one
on behalf of dependants under the Wrongs Act 1936 .
(7) If the
administrator converts the action into one on behalf of dependants, the Court
will, in assessing damages on behalf of the dependants, make a proper
allowance for damages paid to the deceased.