Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_284
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 284
Character Range: 404464–405761

284  Award of interest to consumers

 (1) If, in joint liability proceedings, judgment is given against the following (the defendant) for an amount of loss or damage:
 (a) a supplier and a linked credit provider;
 (b) a linked credit provider;
the court must, on the application of the consumer who suffered the loss or damage, award interest to the consumer against the defendant upon the whole or a part of the amount, unless good cause is shown to the contrary.

 (2) The interest must be awarded from the time when the consumer became entitled to recover the amount until the date on which the judgment is given, at the greater of the following rates:
 (a) if the amount payable by the consumer to the linked credit provider for obtaining credit in connection with the goods or services to which the proceedings relate may be calculated at a percentage rate per annum—that rate or, if more than one such rate may be calculated, the lower or lowest of those rates;
 (b) 8%, or such other rate as is prescribed by the regulations.

 (3) In determining whether good cause is shown against the awarding of interest under subsection (1), the court must take into account any payment made into court by the supplier or the linked credit provider.

 (4) This section applies despite any other law.