NSWIn ForceRegulation
Dust Diseases Tribunal Regulation 2019
94Failure to comply with accepted offer
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#### 94 Failure to comply with accepted offer
94 Failure to comply with accepted offer
> > (1) If the plaintiff, being a party to an accepted offer, fails to comply with the terms of the offer, the defendant is entitled to either of the following as the defendant elects, unless the Tribunal orders otherwise—
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> > > (a) any judgment or order as is appropriate to give effect to the terms of the accepted offer,
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> > > (b) an order that the proceedings be dismissed, and to judgment accordingly.
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> > (2) If the defendant, being a party to an accepted offer, fails to comply with the terms of the offer, the plaintiff is entitled to either of the following as the plaintiff elects, unless the Tribunal orders otherwise—
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> > > (a) any judgment or order as is appropriate to give effect to the terms of the accepted offer,
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> > > (b) an order that the defence be struck out, and to judgment accordingly.
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> > (3) If a party to an accepted offer fails to comply with the terms of the offer, and a defendant in the proceedings has made a cross-claim that is not the subject of the accepted offer, the Tribunal may make an order or give judgment under this clause and may make any order as to the further conduct of proceedings on the cross-claim as it thinks fit.