ABSTRACT
The payment in should also take into account interest accruing from the date the cause of action arose until the date of payment into court, as, in determining whether a successful plaintiff has ‘beaten’ the payment in, interest must be included in the calculation.65 For example, judgment for $20,000 is given in the plaintiff’s favour in 1998, four years after the cause of action accrued, together with interest amounting to $6,000. If, in 1996, the defendant made a payment into court of $22,000, the plaintiff will have ‘beaten’ the payment in, as, at the date of the payment in, the total award, including interest, would have been $23,000, that is, $1,000 more than the payment in.
