New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 51.48

51.48 Application of Division 3 of Part 42 to offers of compromise made in proceedings in Court

(1) If an offer of compromise is made under rule 51.47, Division 3 of Part 42 applies, subject to subrule (2), rule 51.49 and the following modifications--

(a) rule 42.13 is to be read as if it provided that the Division applies where an offer of compromise (the
"offer concerned" ) is made as provided by rule 51.47 with respect to a plaintiff's claim (the
"claim concerned" ),

(b) a reference to a court is a reference to the Court,

(c) a reference to proceedings is a reference to proceedings in the Court,

(d) in the case of appeal proceedings--

(i) a reference to the plaintiff is a reference to the party who was a plaintiff in the court below, and

(ii) a reference to the defendant is a reference to the party who was a defendant in the court below,

(e) in the case of proceedings in the Court other than appeal proceedings--

(i) a reference to the plaintiff is a reference to the applicant, and

(ii) a reference to the defendant is a reference to the respondent,

(f) a reference to a trial is a reference to a hearing in the Court that is not limited to questions of practice or procedure,

(g) a reference to a verdict for the defendant is a reference to a judgment for the defendant,

(h) such other modifications as are necessary.

(2) If the judgment does not permit the Court to determine whether a provision of Division 3 of Part 42 applies to an offer of compromise under rule 51.47 (for example, because the Court has ordered a retrial or remittal for assessment of damages)--

(a) an order for costs must disregard the offer, and

(b) where the Court has ordered a retrial or remittal for assessment of damages--

(i) if the offer was made by the plaintiff below--the court below may make a further or different order under rule 42.14 with respect to the plaintiff's costs in the Court, or

(ii) if the offer was made by the defendant below--the Court may stay its order with respect to costs from the relevant date under rule 42.15(2)(b) or rule 42.15A(2)(b) (as appropriate) and the court below may make a further or different order, or lift the stay, as appropriate.