1964_DISTRICT_COURT_ORDINANCE — Page 22

1984 Ed.]

District Court

[CAP. 336

21

(a) grant such relief, redress, or remedy or combination of

remedies, either absolute or conditional; and

(b) subject to the provisions of section 38, give such and the like effect to every ground of defence or counterclaim, equitable or legal,

as ought to be granted or given, in the like case by the High Court and in as full and ample a manner.

(2) In the application of the provisions of subsection (1) the rules of equity shall prevail in all matters in which there was formerly or is any conflict or variance between the rules of equity and the rules of common law.

(22 of 1962, s. 19, incorporated)

49. (1) Subject to subsection (2), the Court may, in any proceedings brought in the Court for the recovery of any debt or damages, 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 debt or damages for the whole or any part of the period between the date when the cause of action arose and the date of the judgment.

(2) Nothing in subsection (1) shall-

(a) authorize the giving of interest upon interest;

(b) apply in relation to any debt upon which interest is payable as of right whether by virtue of any agreement or other- wise; or

(c) affect the damages recoverable for the dishonour of a bill

of exchange.

(3) The powers conferred by subsection (1) may be exercised- (a) whether or not interest is expressly claimed;

(b) at any time after judgment is entered in any case in which it appears that the failure to apply for or to award interest was through inadvertence; and

(c) in the case of a judgment entered by default or by order of

the Registrar, by the Registrar.

(22 of 1962, s. 19A, incorporated. Added, 6 of 1970, Schedule)

(4) Where in any such proceedings as are mentioned in subsec- tion (1) judgment is given for a sum which (apart from interest on damages) exceeds $3,000 and represents or includes damages in respect of personal injuries to the plaintiff or any other person, or in respect of a person's death, then (without prejudice to the exercise of the power conferred by that subsection in relation to any part of that sum which does not represent such damages) the Court shall exercise that power so as to include in that sum interest on those damages or on such part of them as the Court considers appropriate, unless the

Interest on claims for debt

and damages.

1969 c. 58, s. 22.