Australia's #1 for Law

Join 11,000+ Australians. Ask a question, respond to a question and better understand the law today!

Dismiss Notice
Hi Guest, Want peace of mind with personalised legal advice today? Visit LawTap to find the right Australian lawyer and book online instantly.

SA Debt - Adding More Interest - Is It Right?

Discussion in 'Debt and Bankruptcy Law Forum' started by John2015, 17 November 2015.

  1. John2015

    John2015 Member

    17 November 2015
    Likes Received:
    My wife has been successfully sued in South Australia by her ex-partner's mother for about $15,000. The original claim for $22,000 was made 05/02/2013, before a change in legislation. The outcome of the trial on 05/09/2014 was a Judgement Amount of $8,300 plus interest of $2,990 with costs to be agreed or taxed.

    On the advice of the solicitor we’d been seeing about this, we didn’t agree to the costs the plaintiff’s lawyer was asking. On 16/09/2015, an order for costs of $3,389.95 was made. We’ve just got a loan approved to pay the Judgement Debt, now the plaintiff’s solicitor wants an extra $993.73 in interest (10% on $8,300 for 437 days). Are they justified in asking for this?
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
    Likes Received:
    Yes, a successful plaintiff is entitled to both pre-judgement interest and post judgement interest. They are both usually around the 10% mark. Post judgement interest can be claimed from the date of the judgement.
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...

Share This Page