Document ID: chunk:federal_register_of_legislation:C2004A02553:body:0:p5
Version: federal_register_of_legislation:C2004A02553
Segment Type: other
Provision Reference: 
Character Range: 10714–13277

it was heard be present together in Court to declare their opinions on the matter to which the proceedings relate, but the opinion of any one of them may be reduced to writing and may be made public by any other of them at any subsequent sitting of the Court at which judgment in the proceeding is delivered.
"(2) In any such case the question shall be decided in the same manner, and the judgment of the Court has the same force and effect, as if the Judge whose opinion is so made public had been present in court and had declared his opinion in person.".

Indictable offences
16. (1) Section 53 of the Principal Act is amended by omitting from sub-sections (1) and (6) "Governor-General appoints in that behalf" and substituting "Attorney-General, by instrument in writing, appoints for the purposes of this sub-section".

(2) Notwithstanding the amendments made by sub-section (1), an appointment by the Governor-General under sub-section 53 (1) or (6) of the Principal Act and in effect immediately before the commencement of this section continues in effect as if it were an appointment by the Attorney-General under that sub-section as amended by this Act.

17. (1) After section 53 of the Principal Act the following section is inserted:

Interest up to judgment
"53a. (1) In any proceedings for the recovery of any money (including any debt or damages or the value of any goods) the Supreme Court or the Judge shall, upon application, unless good cause is shown to the contrary, either—
      (a) order that there be included in the sum for which judgment is given interest at such rate as the Court or the Judge, as the case may be, 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 as of which the judgment is entered; or
      (b) without proceeding to calculate interest in accordance with paragraph (a), order that there be included in the sum for which judgment is given a lump sum in lieu of any such interest.
"(2) Sub-section (1) does not—
      (a) authorize the giving of interest upon interest or of a sum in lieu of such interest;
      (b) apply in relation to any debt upon which interest is payable as of right whether by virtue of an agreement or otherwise; or
      (c) affect the damages recoverable for the dishonour of a bill of exchange.
"(3) Where the sum for which judgment is given (in this sub-section referred to as the 'relevant sum') includes, or where the Court or the Judge in its or his absolute discretion determines that