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Court Procedures Rules
1120Default judgment—debt or liquidated demand
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1120 Default judgment—debt or liquidated demand
default is for a debt, liquidated demand or claim for unliquidated
damages mentioned in rule 418 (2) (Pleadings—amount of
unliquidated damages), with or without interest.
generally), the court may enter judgment for the plaintiff for an
amount not more than the amount claimed, together with—
(a) if interest is claimed—the amount of interest stated in the
affidavit in support; and
(b) if costs are claimed—
(i) the amount of costs stated in the affidavit in support; or
(ii) costs to be agreed or assessed.
(3) The affidavit in support mentioned in rule 1119 must—
(a) state the amount owing to the plaintiff, in relation to the claim
for relief, at the time the originating claim was filed; and
(b) give particulars of any reduction of the amount owing, and costs,
because of any payments made, or credits accrued, since the
originating claim was filed; and
Rule 1121
(c) if interest is claimed, include—
(i) a statement of the amount of interest claimed; and
(ii) a statement that the amount of interest is worked out in
accordance with—
(A) the rate stated in the plaintiff’s claim for relief; or
(B) the rate of interest applying from time to time under
schedule 2, part 2.1 (Interest up to judgment); and
(d) if costs are claimed, include—
(i) under schedule 3, part 3.2 (Default judgment)—
(A) a statement of the amount of costs claimed; and
(B) a copy of each invoice and receipt for the filing and
service fees paid in relation to the claim for relief; or
(ii) in any other case—a statement that costs are to be agreed
or assessed.
(4) If the period for which interest is to be awarded is not stated in the
claim for relief, interest is recoverable only from the date of the issue
of the originating claim.