Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A contract may
provide for a party to the contract to be liable to pay an amount determined
under the contract, by way of penalty, in respect of a breach of the contract.
(2) The contract may
provide for an increase in the amount of the penalty because of each day or
part of a day during which a breach continues.
(3) A penalty provided
for in accordance with this section is recoverable even though no damage may
have been suffered or the penalty may be unrelated to the extent of any damage
suffered.
[Section 15DA inserted by No. 65 of 2006
s. 12.]