Victorian Consolidated Legislation

Instruments Act 1958 - SECT 30

PART IV BONDS

Actions on bonds etc.

30. Actions on bonds etc.



(1) In any action on any bond or on any penal sum for non-performance of any
covenant or agreement in any indenture deed or writing the plaintiff may
assign as many breaches as he thinks fit and may recover not only such damages
as have been usually awarded in such cases, but also damages for such of the
said breaches so assigned as the plaintiff proves to have occurred; and
judgment may be entered as nearly as may be as heretofore has been usually
done in such actions.

(2) If interlocutory judgment in any case is given for the plaintiff by
confession or in default of appearance or of pleading, the plaintiff may
suggest as many breaches of the covenants and agreements as he thinks fit and
may on proof of such breaches recover damages accordingly.

(3) If the defendant after judgment and before execution pays into the court
where the action is brought to the use of the plaintiff such damages together
with the costs of the action, or if by reason of any execution the plaintiff
is fully paid or satisfied all such damages together with his costs of the
action and all reasonable charges and expenses for the said execution, further
proceedings in the said judgment shall be stayed. But notwithstanding in each
case such judgment shall remain as a further security to answer to the
plaintiff such damages as are sustained for further breach of any covenant or
agreement in the same indenture deed or writing contained, and upon any such
breach the plaintiff may summon the defendant or his executors or
administrators to show cause before the court why execution should not be had
or awarded upon the said judgment, upon which there shall be the like
proceeding or such other proceeding as the court may order for inquiry as to
such breaches and assessing damages ther eon; and upon payment or satisfaction
in manner as aforesaid of such future damages costs charges and expenses as
aforesaid all further proceedings on the said judgment shall to the like
extent again be stayed.

(4) Where an action is brought upon any bond which has a condition or
defeasance to make void the same upon payment of a lesser sum at a day or
place certain, if the obligor has before the action brought paid to the
obligee the principal and interest due by the defeasance or condition of such
bond, though such payment was not made strictly according to the condition or
defeasance, yet it may nevertheless be pleaded in bar of such action; and
shall be as effectual a bar thereof as if the money had been paid at the day
and place according to the condition or defeasance and had been so pleaded.

(5) If at any time pending an action upon any such bond with a penalty the
defendant brings into court all the principal money and interest due on such
bond and also all costs properly chargeable by the plaintiff against the
defendant in respect of any actions or suits upon such bond, the said money so
brought in shall be deemed and taken to be in full satisfaction and discharge
of the said bond; and the court shall give judgment to discharge every such
defendant of and from the same accordingly.

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