New South Wales Consolidated Regulations

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UNIFORM CIVIL PROCEDURE RULES 2005 - REG 16.6

Default judgment on debt or liquidated claim

16.6 Default judgment on debt or liquidated claim

(cf SCR Part 17, rule 4; DCR Part 13, rule 1; LCR Part 11, rule 1)

(1) If the plaintiff's claim against a defendant in default is for a debt or liquidated claim or for a claim for unliquidated damages of the kind referred to in rule 14.13(2), judgment may be given for the plaintiff against the defendant for--
(a) a sum not exceeding the sum claimed, and
(b) interest up to judgment, and
(c) costs.
(2) The relevant affidavit in support--
(a) must state the amount due to the plaintiff, in respect of the cause of action for which the proceedings were commenced, as at the time the originating process was filed, and
(b) must give particulars of any reduction of that amount, and costs, as a consequence of any payments made, or credits accrued, 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 debt or debts, and
(d) must state the amount claimed by way of interest, and
(e) 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
(f) must state when and how the originating process was served on the defendant.



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