UNIFORM CIVIL PROCEDURE RULES 2005 - REG 16.7 Default judgment on claim for unliquidated damages

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 16.7

16.7 Default judgment on claim for unliquidated damages

(cf SCR Part 17, rule 5)

(1) If the plaintiff's claim against a defendant in default is for unliquidated damages only, judgment may be given for the plaintiff against the defendant for damages to be assessed and for costs.

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

(2) The relevant affidavit in support--

(a) must state that the matter has not been settled with the defendant, and

(b) must state the source of the deponent's knowledge of the matters stated in the affidavit concerning the claim, and

(c) 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

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