LEGAL PRINCIPLE: CIVIL PROCEDURE – Undefended List Procedure – Claim for Interest
PRINCIPLE STATEMENT
Whenever application is made for issue of a Writ of Summons to recover a debt or liquidated money demand supported by affidavit setting forth the grounds upon which the claim is based, it is only right that the claimant should set forth in an affidavit the grounds upon which the claim is based; such good grounds must of necessity include that on which the claim of interest is based.
RATIO DECIDENDI (SOURCE)
"Whenever application is made to a court for the issue of a Writ of Summons in respect of a claim to recover a debt or liquidated money demand and such application is supported by an affidavit setting forth the grounds upon which the claim is based ... As the instant case was for the recovery of a debt or liquidated money demand, it is only right that the claimant ... should set 'forth the grounds upon which the claim is based' in an affidavit. Such good grounds, as herein stated, must of necessity include that on which the claim of interest is based."
EXPLANATION / SCOPE
The undefended list procedure (for liquidated claims) requires supporting affidavit stating grounds for the claim. When interest is claimed, the affidavit must state: the basis for interest entitlement (contractual provision, statute, custom), the rate claimed, the calculation method, and the period for which interest is claimed. This requirement serves: giving defendants notice of the interest claim and its basis, enabling courts to assess whether interest is properly claimed, and preventing surprise claims. Without proper affidavit support for interest, courts may: refuse to award interest, or dismiss the undefended list application. The principle ensures even expedited procedures maintain basic notice and substantiation requirements. It prevents parties from using summary procedures to obtain relief without proper foundation.