PRACTICE AND PROCEDURE - operation of slip rule - Uniform Civil Procedure Rules 2005 (NSW) rule 36.17 - whether amendment to the date from which interest calculated falls within the operation of the slip rule - HELD - not within scope of slip rule
PRACTICE AND PROCEDURE - reopening of hearing - whether interests of justice require reopening of issue - where no suggestion that material previously unavailable - HELD - proper basis for reopening hearing after judgment not established
COSTS - offer of compromise - whether genuine element of compromise where offer of compromise by plaintiff gave up claim to interest on the principal sum claimed - HELD -offer involving genuine element of compromise and not derisory nor mere offer for defendant to surrender - order for indemnity costs granted
COSTS - Calderbank offers - basis for special costs sanctions being whether offeree's failure to accept offer in all the circumstances warrants departure from ordinary rule as to costs - where Calderbank offer by plaintiff gave up claim to both interest and costs - had issue arisen finding would have been that it was unreasonable for defendants to reject offer
Case Details
Citation[2012] NSWSC 86
CourtNSWSC
JurisdictionNew South Wales
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