Under the amended UCPR r 20.26(2)(c) (from 7 June 2013), an offer of compromise that includes 'costs as agreed or assessed' is compliant because it does not include 'an amount for costs' and is not 'expressed to be inclusive of costs'. A non-compliant rules offer will not operate as a Calderbank offer unless the offeror indicated an intention to rely on it regardless of compliance. When r 42.14 is engaged, the onus is on the offeree to demonstrate why the Court should order otherwise, and factors such as the timing of the offer, the benefit of a first instance decision, and failure to provide a damages assessment are not necessarily sufficient.
The full text is available to signed-in members, including the 19 later cases that cite this judgment.
5 of the 19 citing cases carry a classified treatment. How each court treated it is available to signed-in members.