New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 20.29

20.29 Failure to comply with accepted offer

(cf SCR Part 22, rule 8; DCR Part 19A, rule 8; LCR Part 17A, rule 10)

(1) If the plaintiff, being a party to an accepted offer, fails to comply with the terms of the offer, the defendant is entitled--

(a) to such judgment or order as is appropriate to give effect to the terms of the accepted offer, or

(b) to an order that the proceedings be dismissed, and to judgment accordingly,

as the defendant elects, unless the court orders otherwise.

(2) If the defendant, being a party to an accepted offer, fails to comply with the terms of the offer, the plaintiff is entitled--

(a) to such judgment or order as is appropriate to give effect to the terms of the accepted offer, or

(b) to an order that the defence be struck out, and to judgment accordingly,

as the plaintiff elects, unless the court orders otherwise.

(3) If a party to an accepted offer fails to comply with the terms of the offer, and a defendant in the proceedings has made a statement of cross-claim or cross-summons that is not the subject of the accepted offer, the court--

(a) may make such order or give such judgment under this rule, and

(b) may make such order as to the further conduct of proceedings on the statement of cross-claim or cross-summons,

as it thinks fit.