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Court judgments now include compounding interest

By Tony Johnson - 8 Aug 2018

The Interest On Money Claims Act 2016 (which came into force this year) has changed the basis on which all Courts award interest on money claims.  This is good news for plaintiffs. Previously, the courts generally only awarded interest from the date of filing of a claim, the rate was fixed and compound interest was not allowed (unless specified in a prior agreement).

The purpose of the change in the way the court considers interest claims is to more accurately reflect the realistic cost to a creditor of the delay in receiving payment of monies rightfully due.

There are three substantial changes:

  1. The applicable interest rate fluctuates with changes in the retail six month term deposit rate.
  2. Interest is to now be payable from the date on which the money claim is quantified until date of payment.
  3. Interest is now to be compounded.

All three changes are of substantial benefit to a plaintiff. Of particular note is compounding interest. Although the retail term deposit rate may be less than the existing court rate, any debt that is outstanding for a reasonable period of time escalates quickly with compounding interest. The result is a much fairer return for a creditor.

If you consider you may have a valid claim and are considering bringing that claim (including your interest entitlement) Martelli McKegg has a large group of litigation lawyers able to assist you.

Contact

Tony Johnson

The purposes of the change in the way the Court considers interest claims is to more accurately reflect the realistic cost to a creditor of the delay in receiving payment of monies rightfully due.

The three substantial changes are the following:

 

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