Victorian Numbered Regulations

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

SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 21.03

Judgment for recovery of debt, damages or property

    (1)     Where a claim is made for the recovery of a debt, damages or any property, whether or not another claim is also made in the proceeding, and the plaintiff is entitled to judgment on that claim against any defendant in accordance with Rule 21.01 or Rule 21.02, the plaintiff may—

        (a)     for the recovery of a debt, enter final judgment against that defendant for an amount not exceeding the amount claimed in the writ or, if the plaintiff has served a statement of claim, the amount claimed in the statement of claim, together with interest from the commencement of the proceeding to the date of the judgment

              (i)     on any debt which carries interest, at the rate it carries;

              (ii)     on any other debt, at the rates payable on judgment debts during that time;

        (b)     for the recovery of damages, enter interlocutory judgment against that defendant for the damages to be assessed;

        (c)     for the recovery of land, enter judgment for possession of the land against that defendant;

        (d)     for the detention of goods, enter interlocutory judgment against that defendant

              (i)     either for the delivery of goods or their value to be assessed or for the value of the goods to be assessed; and

              (ii)     if a claim is made for the recovery of damages for the detention of the goods, for the damages to be assessed.

    (1.1)     Where a claim is made for the recovery of land, and the plaintiff also claims mesne profits, if the indorsement of claim on the writ or statement of claim shows that the amount claimed for mesne profits is calculated according to rent which had been payable by the defendant to the plaintiff in respect of the land, the claim for mesne profits shall, for the purpose of paragraph (1), be taken to be a claim for the recovery of a debt.

    (1.2)     Paragraph (1) does not apply to a claim for the recovery of a debt or damages in a currency not Australian dollars, and if the plaintiff is entitled to judgment on the claim against any defendant in accordance with Rule 21.01 or Rule 21.02, the Court may give judgment for the plaintiff under Rule 21.04 as if the claim were a claim to which that Rule applies.

    (2)     Upon entering judgment under paragraph (1), the plaintiff may also enter judgment for costs.

    (3)     Where under paragraph (1) damages or the value of goods are to be assessed, the assessment shall, unless the Court otherwise orders, be made by an Associate Judge in accordance with Order 51.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback