347Final judgment for liquidated demand

347 Final judgment for liquidated demand

(1)  If the plaintiff's claim is for a debt or liquidated demand only against a defaulting defendant, the plaintiff may enter final judgment against that defendant for the amount claimed, together with costs and –

(a) if the endorsement on the writ or the statement of claim contains a claim that the plaintiff is entitled, contractually or under any statute, other than the Act, to interest at a particular rate from a particular date on the amount of that claim, an amount representing the interest claimed calculated up until the day on which final judgment is entered; or

(b) if the endorsement on the writ or the statement of claim contains a claim that the plaintiff is entitled to interest under section 34(1) of the Act together with particulars of the basis of that claim and the date from which interest is claimed, an amount representing the interest claimed at the prescribed rate of interest calculated up until the day on which final judgment is entered.

(2)  The costs referred to in subrule (1) are –

(a) if each defendant against whom the judgment is entered failed to appear –

(i) the amount for costs properly claimed in the writ; and

(ii) the costs of signing judgment in accordance with the Table in Part 3 in Schedule 1 ; and

(iii) if the taxing officer thinks fit, an additional sum for the costs of service of the writ; or

(b) in any other case, an amount to be taxed.

(3)  [Rule 347 Subrule (3) inserted by S.R. 2014, No. 46, Applied:23 Apr 2014] A debt or liquidated demand referred to in subrule (1) is taken to include a claim pursuant to an Act or Commonwealth Act for the recovery of a sum of money that has been paid pursuant to an Act or Commonwealth Act.