MAGISTRATES COURT ACT 1991 - SECT 34
MAGISTRATES COURT ACT 1991 - SECT 34
(1) Unless good reason
is shown to the contrary, the Court will, on the application of a party in
whose favour a monetary judgment has been, or is to be, given include in the
judgment an award of interest in accordance with this section.
(a) will
be calculated at a rate fixed by the Court; and
(b) will
be calculated in respect of a period fixed by the Court (which must, however,
in the case of a judgment given on a liquidated claim, be the period running
from when the liability to pay the amount of the claim fell due to the date of
judgment unless the Court otherwise determines); and
(c) is,
in accordance with the Court's determination, payable in respect of the whole
or part of the amount for which judgment is given.
(3) The Court may,
without proceeding to calculate interest under subsection (2), award a
lump sum instead of interest.
(4) This section does
not—
(a)
authorise the award of interest on interest;
(b)
authorise the award of interest on exemplary or punitive damages;
(c)
affect damages for dishonour of a negotiable instrument;
(d)
authorise the award of interest (except by consent) on a sum for which
judgment is given by consent;
(e)
limit or affect the operation of any other enactment or rule of law dealing
with interest.