UNIFORM CIVIL PROCEDURE RULES 2005 - REG 16.5 Default judgment on claim for detention of goods

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 16.5

16.5 Default judgment on claim for detention of goods

(cf SCR Part 17, rule 6)

(1) If the plaintiff's claim against a defendant in default relates to the detention of goods only, judgment may be given for the plaintiff against the defendant, in accordance with the plaintiff's claim--

(a) for delivery of the goods to the plaintiff and for costs, or

(b) for payment to the plaintiff of the value of the goods (as assessed by or in accordance with the directions of the court) and for costs,

at the plaintiff's option.

Note : See Part 30 for provisions as to assessment of value of goods.

(2) The relevant affidavit in support--

(a) must state which goods have, and which have not, been delivered to the plaintiff since the time the originating process was filed, and

(b) must give particulars of any payments that the defendant has made to the plaintiff in respect of the goods or state that no such payments have been made, as the case may be, since the time the originating process was filed, and

(c) must state the source of the deponent's knowledge of the matters stated in the affidavit concerning the delivery or non-delivery of the goods, and

(d) must state whether costs are claimed and, if so, how much is claimed for costs, indicating--

(i) how much is claimed on account of professional costs (not exceeding the amount fixed by the regulations made for the purposes of section 59 of the Legal Profession Uniform Law Application Act 2014 ), and

(ii) how much is claimed on account of filing fees, and

(iii) how much is claimed on account of the costs of serving the originating process, and

(e) must state when and how the originating process was served on the defendant.