A BILL FOR

An Act to amend section 94 of the Supreme Court Act 1970, so as to authorise the Supreme Court to order the payment of interest in certain cases.

BE it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:-

Short title.

1. This Act may be cited as the “Supreme Court (Interest) Amendment Act 1983”.

Commencement.

2. (1) Except as provided by subsection (2), this Act shall commence on the date of assent to this Act

(2) Section 3 shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

Amendment of Act No. 52, 1970.

3. The Supreme Court Act 1970, is amended by inserting after section 94(1) the following subsection:-

(1A) Where -

(a) proceedings have been commenced for the recovery of a debt or liquidated damages; and

(b) payment of the whole or a part of the debt or damages is made during the currency of the proceedings and before judgment is, in the proceedings, given in respect of the debt or damages, and

the Court may order that interest be paid at such rate as it thinks fit on the whole or any part of the money paid for the whole or any part of the period between the date when the cause of action arose and the date of the payment

Transitional provision.

4. The provisions of section 94 (1A) of the Supreme Court Act 1970, as amended by this Act, apply to proceedings commenced before the day appointed and notified under section 2(2), as well as to proceedings commenced on or after that day, but do not operate to authorise the giving of interest on money paid before that day.