Australian Capital Territory Numbered Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SUPREME COURT RULES (AMENDMENT) (NO. 11 OF 1995) - REG 10

10. Rule 2 of Order 31 of the Principal Rules is amended—

    (a)     by omitting “the amount claimed with costs” and substituting “any sum not exceeding the sum indorsed on the writ, together with interest ascertained in accordance with subrule (2) and costs”; and

    (b)     by adding at the end the following subrules:

“(2) The interest referred to in subrule (1) is—

        (a)     if the indorsement on the writ specifies the rate of interest claimed to be payable as of right—interest to the date of the judgment calculated at that rate; or

        (b)     in any other case—

              (i)     interest to the date of the judgment calculated at such rate; or

              (ii)     in lieu of any such interest, a lump sum of such an amount;

        as the Court determines.

“(3) In determining interest or a lump sum for the purposes of paragraph (2) (b), the Court may have regard to Practice Directions issued by the Court relating to interest up to judgment.”.

Interlocutory and final judgment when writ includes indorsement for debt or liquidated demand



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback