A defendant's failure to admit responsibility for matters it should have known, where the plaintiff has sought an early admission and indicated it would discontinue against other parties, may justify a Sanderson order for the successful defendant's costs. An offer of compromise limited to liability only (without quantifying damages) is capable of acceptance under the rules. Offers of compromise made under the District Court Rules do not have effect on appeal; a fresh offer must be made. The transitional provisions in Schedule 6, cl 10(b) of the Civil Procedure Act 2005 (NSW) treat offers made under the former District Court Rules as made under the corresponding UCPR provisions, but the court retains discretion to order otherwise to avoid disadvantaging a party by the change in rules.
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