The correct approach to Calderbank offers in NSW is the SMEC Testing Services approach: rejection of a Calderbank offer followed by a less favourable result does not give rise to a prima facie presumption of indemnity costs; all circumstances must be considered. The Rules of Court governing offers of compromise do not constrain the court's discretion when dealing with Calderbank offers, including as to the time allowed for acceptance. No evidence is required to explain the choice of a Calderbank letter over a formal offer of compromise. A Calderbank offer need not be in the precise form suggested in Calderbank v Calderbank to be effective.
The full text is available to signed-in members, including the 181 later cases that cite this judgment.
19 of the 181 citing cases carry a classified treatment. How each court treated it is available to signed-in members.