1009Offer accepted and no provision for costs

1009 Offer accepted and no provision for costs (1) This rule applies if an offer— (a) is accepted in relation to a claim; and (b) does not make provision for costs in relation to the claim. (2) If the offer proposed a judgment in favour of the plaintiff in relation to the claim, the plaintiff is entitled to an order against the defendant for the plaintiff’s costs in relation to the claim, assessed on a party and party basis up to the time when the offer was made. (3) If the offer proposed a judgment in favour of the defendant in relation to the claim (including a dismissal of an originating application or originating claim), the defendant is entitled to an order against the plaintiff for the defendant’s costs in relation to the claim, assessed on a party and party basis up to the time when the offer was made.