A party who rejects an offer of compromise and obtains a less favourable result bears the onus of demonstrating why the court should not order indemnity costs, and must explain why the offer was rejected; a bare complaint about the 'exaggerated' nature of the offeror's claim is insufficient. An offer of compromise made under the former Supreme Court Rules 1970 preserves a substantive right to have its effect assessed under those Rules, even after the commencement of the UCPR.
The full text is available to signed-in members, including the 33 later cases that cite this judgment.
5 of the 33 citing cases carry a classified treatment. How each court treated it is available to signed-in members.