Practice Directions

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PRACTICE DIRECTION 16.3

INTEREST ON JUDGMENT

 

1.   Practitioners are reminded that s.49(1)(b) of the Supreme Court Ordinance (Cap.4), provides that interest on judgment debts shall be at such rate as may be determined by the Chief Justice by order.

2.   A judgment drawn up thereunder should, therefore, contain no provision for any specified rate of interest to be payable after the date of judgment.

3.  It is, however, permissible to include in a judgment thereunder a reference to interest after judgmentas provided for by s.49(1)(b) of the Supreme Court Ordinance, or some such phrase, but no actual rate of interest should be mentioned.

4.   If a default judgment purports to include interest after judgment other than as provided for by the Supreme Court Ordinance, the judgment is to that extent void.

5.    If a judgment which offends para.2 comes to the notice of a master, leave will not be given for any enforcement proceedings until the judgment has been amended to comply with this Practice Direction.

6.    For the avoidance of doubt, this Practice Direction has no application to an order made under s.49(1)(a) of the Supreme Court Ordinance.