Commonwealth Consolidated Acts

CHEQUES ACT 1986 - SECT 76

  (1)   Subject to subsection   ( 2), where a cheque is dishonoured, the holder may recover as damages from any person liable on the cheque, and an indorser who has been compelled to pay the cheque may recover as damages from the drawer or a prior indorser:

  (a)   if the cheque is dishonoured in Australia :

  (i)   the sum ordered to be paid by the cheque; and

  (ii)   the amount of any interest that, in accordance with the regulations, is payable in respect of that sum; and

  (b)   if the cheque is dishonoured outside Australia :

  (i)   the amount of the re - exchange of the cheque; and

  (ii)   the amount of any interest that, in accordance with the regulations, is payable in respect of that amount.

  (2)   Where an action or proceeding is brought in a court for the recovery of damages under subsection   ( 1), the court may, if it is of the opinion that justice so requires, direct that interest payable under that subsection be withheld in whole or in part.

  (3)   Damages recoverable under subsection   ( 1) shall be deemed to be liquidated damages.