In Class 3 compulsory acquisition compensation proceedings, the discretion to 'order otherwise' under UCPR r 42.15(2) requires the court to assess whether the claimant acted reasonably in not accepting the offer at the time it was made, having regard to the information then available, rather than assessing the reasonableness of the claimant's conduct in pursuing the claim with the benefit of hindsight from the final determination.
The full text is available to signed-in members, including the 37 later cases that cite this judgment.
5 of the 37 citing cases carry a classified treatment. How each court treated it is available to signed-in members.