Section 35A of the Supreme Court Civil Procedure Act 1932 (Tas) is capable of retrospective operation, but the discretion will ordinarily not be exercised to award interest for the period before the section commenced. Interest under s 35A is separate from the judgment sum. The court may discriminate between heads of damage, awarding interest only on past losses. A lower rate of interest (2%) is appropriate for general damages for pain and suffering to avoid over-compensation. Whether offers of compromise may be considered in determining pre-judgment interest remains an open question.
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