An Offer of Compromise under UCPR r 20.26 must expressly state whether the offered amount is in addition to interim payments made under ss 83 and 84A of the Motor Accidents Compensation Act 1999 (NSW); the terms of the offer and any accompanying letter will not satisfy this requirement by implication. A non-compliant Offer of Compromise cannot be relied upon as a Calderbank offer unless the offer or accompanying letter indicates it was to be relied on in relation to costs otherwise than under the rules. A Calderbank offer that does not state that indemnity costs will be sought may not attract indemnity costs, particularly where the formal offer mechanism under UCPR r 20.26 was available. Pre-trial Calderbank offers will not ordinarily displace the usual rule that appeal costs follow the issues and outcome of the appeal.
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