New South Wales Consolidated Regulations

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UNIFORM CIVIL PROCEDURE RULES 2005 - REG 20.28

Withdrawal of acceptance

20.28 Withdrawal of acceptance

(cf SCR Part 22, rule 5; DCR Part 19A, rule 5; LCR Part 17A, rule 7)

(1) A party who accepts an offer may withdraw the acceptance in any of the following circumstances by serving written notice of withdrawal on the offeror--
(a) if the offer provides for payment of money, or the doing of any other act, and the sum is not paid to the offeree or into court, or the act is not done, within 28 days after acceptance of the offer or within such other time as the offer provides, or
(b) if the court grants the party leave to withdraw the acceptance.
(2) If acceptance of an offer is withdrawn--
(a) except as provided by paragraph (b), all steps in the proceedings that have been taken as a consequence of the offer having been accepted cease to have effect, and
(b) the court may give directions--
(i) to restore the parties as nearly as may be to their positions at the time of the acceptance, and
(ii) to give effect to any steps in the proceedings that have been taken as a consequence of the offer having been accepted, and
(iii) to provide for the further conduct of the proceedings,
and may do so either after the offer is withdrawn or when granting leave to withdraw the offer.



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