Costs where offer not accepted
25.14 Costs where offer not accepted
If an offer is made by a respondent and not accepted by an applicant, and the applicant obtains a judgment that is less favourable than the terms of the offer:
the applicant is not entitled to any costs after 11.00 am on the second business day after the offer was served; and
the respondent is entitled to an order that the applicant pay the respondent’s costs after that time on an indemnity basis.
If an offer is made by a respondent and an applicant unreasonably fails to accept the offer and the applicant’s proceeding is dismissed, the respondent is entitled to an order that the applicant pay the respondent’s costs:
before 11.00 am on the second business day after the offer was served—on a party and party basis; and
after the time mentioned in paragraph (a)—on an indemnity basis.
If an offer is made by an applicant and not accepted by a respondent, and the applicant obtains a judgment that is more favourable than the terms of the offer, the applicant is entitled to an order that the respondent pay the applicant’s costs:
before 11.00 am on the second business day after the offer was served—on a party and party basis; and
after the time mentioned in paragraph (a)—on an indemnity basis.
Costs on an indemnity basis is defined in the Dictionary.
The Court may make an order inconsistent with these rules—see rule 1.35.
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