Default Debt Costs HC

Costs of judgment in default

In all cases of judgment by default of appearance for a liquidated demand, where the plaintiff is entitled to costs, there shall be added to the principal sum for which such judgment is marked the respective sums for costs set out in Part II of the scales of costs in Appendix W of the Rules of the Superior Court.

Where:

• there has been an order for service of the summons or of notice thereof, out of the jurisdiction, or
• there has been an order for substituted or other service, or
• there has been an order for the substitution of notice for service, or
• there has been an order declaring service effected sufficient, or
• more than one attendance has been necessary to effect service, or
• there has been a notice by advertisement of the issuing of the summons under Order 9, rule 7,

there shall be added to the sums mentioned the proper and necessary additional costs, to be ascertained on adjudication (in cases of claims within the jurisdiction of the Circuit Court or District Court, as the case may be costs to be on the scale appropriate to the court concerned).

Higher Sum Due

In cases of judgment by default of appearance for a liquidated demand, where it appears by affidavit made by some person who can swear positively to the debt that a sum greater than that for which judgment is marked was due to the plaintiff in respect of the sum sued for at the time of the service of the summons, there shall be added to the principal sum for which such judgment is marked, the same sum for costs as would have been so added if the judgment had been marked for the sum due at the time of such service, together with the costs of registration under the Judgments Registry (Ireland) Act 1850 .

In claims for liquidated demand, where:

•  the plaintiff would, if any sum remained due on foot of such demand, be entitled to enter judgment by default of appearance, and
• it appears by affidavit made by some person who can swear positively to the debt, that a sum specified was due to the plaintiff in respect of the sum sued for at the time of the service of the summons,

the plaintiff shall be entitled to enter judgment for his costs for such sum as would have been added if a judgment had been marked for the sum due at the time of such service, together with the costs of registration under the Judgments Registry (Ireland) Act 1850 .

Appearance but no More

In cases of judgment for a liquidated  when no step has been taken by the defendant after appearance, there shall, unless the Court otherwise orders, be added to the principal sum for which judgment is marked for costs, the same sums as are hereinbefore respectively allowed in case of judgment by default of appearance, together with such further costs of the motion for judgment as the Court allows.

In all undefended cases where a party becomes entitled to judgment by default, the affidavit upon which that party grounds his claim to the costs of the proceedings shall contain an averment stating whether value added tax is payable by him on such costs and, if so, whether the sum so payable is recoverable by him by way of set-off against any value added tax payable to him.