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Business Tenancies (Fair Dealings) Act 2003
114Interest may be awarded
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114 Interest may be awarded
(1) If a conciliator or Hearing Commissioner makes an order that a
person pay money to another person, the order may include, in the
amount ordered to be paid, interest at a specified rate on the whole
or a part of that amount for the whole or a part of the period
between when the liability or obligation in question arose and when
the order takes effect.
(2) If the whole or part of an amount claimed in an application is paid
during proceedings:
(a) before an order is made for payment in respect of the claim; or
(b) without an order being made for payment in respect of the
claim;
an order may be made that interest be paid at a specified rate on
the whole or a part of the money paid for the whole or a part of the
period between when the liability or obligation in question arose and
the date of the payment.
Business Tenancies (Fair Dealings) Act 2003 70
(3) The rate of interest to be paid under this section is not to exceed
the rate at which interest is payable on a judgment debt of the Local
Court.
(4) This section does not:
(a) authorise the giving of interest on interest; or
(b) apply in relation to any debt on which interest is payable as of
right whether because of any agreement or otherwise.
(5) On a claim for the payment of money, no order is to be made for
the payment of interest under subsection (1) in respect of the period
after the date on which an appropriate settlement sum (or the first
appropriate settlement sum) has been offered unless the special
circumstances of the case warrant the making of the order.
(6) For subsection (5), an appropriate settlement sum is a sum offered
by a party in settlement of a claim for the payment of money where
the amount ordered to be paid (including interest accrued up to and
including the date of the offer) is not more than 10% of the sum
offered.
(7) Subsection (5) does not prevent an order for the payment of
interest for the period before the settlement offer is made.