Parts 20 and 42 of the UCPR governing offers of compromise apply to probate proceedings in the Supreme Court of NSW. An offer of compromise that is inclusive of costs does not comply with r 20.26(2) but is not invalid — it is merely ineffective under the Rules and may still operate as a Calderbank offer if the offeror's intention so provides. A Calderbank offer that has lapsed before the conclusion of the trial and is not renewed cannot ground an order for indemnity costs on appeal.
The full text is available to signed-in members, including the 65 later cases that cite this judgment.
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