Western Australian Consolidated Acts

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SUPREME COURT ACT 1935 - SECT 32

32 .         Court may order pre-judgment interest

        (1)         In any proceedings for the recovery of any money (including any debt or damages or the value of any goods), the Court may order that there shall be included, in the sum for which judgment is given, interest at such rate as it thinks fit on the whole or any part of the money 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)         This section does not — 

            (a)         authorise the giving of interest upon interest;

            (aa)         apply in relation to any general damages in respect of pain and suffering or the loss of the enjoyment or of the amenities of life awarded in relation to personal injury or the death of a person;

            (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.

        (2a)         In subsection (2)(aa) personal injury includes any disease and any impairment of a person’s physical or mental condition.

        [Section 32 inserted by No. 47 of 1982 s. 3; amended by No. 50 of 1986 s. 6 9 ; No. 59 of 2004 s. 128.]



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