280Offer of compromise

### 280 Offer of compromise > > (1)  A party to any proceedings may make to another party to the proceedings an offer of compromise of a claim of that other party or a claim made against that other party. > > > (2)  An offer of compromise is to be – > > > > > > (a) lodged with the registrar; and > > > > > > > (b) served on the other party. > > > (3)  An offer of compromise may be made by a defendant by offering to – > > > > > > (a) [*\[Rule 280 Subrule (3) amended by S.R. 2016, No. 122, Applied:11 Jan 2017\]*](/view/html/inforce/2017-01-11/sr-2016-122#GS5@Hpa@EN) pay a nominated sum of money, clear of costs, to the plaintiff; or > > > > > > > (b) [*\[Rule 280 Subrule (3) amended by S.R. 2016, No. 122, Applied:11 Jan 2017\]*](/view/html/inforce/2017-01-11/sr-2016-122#GS5@Hpb@EN) pay a proportion, expressed as a percentage, of the plaintiff's claim; or > > > > > > > (c) give the plaintiff any relief that the defendant contends is sufficient to dispose of the whole action or one or more causes of action. > > > (4)  An offer of compromise may be made by a plaintiff by offering to – > > > > > > (a) [*\[Rule 280 Subrule (4) amended by S.R. 2016, No. 122, Applied:11 Jan 2017\]*](/view/html/inforce/2017-01-11/sr-2016-122#GS5@Hpc@EN) accept a nominated sum of money clear of costs; or > > > > > > > (b) [*\[Rule 280 Subrule (4) amended by S.R. 2016, No. 122, Applied:11 Jan 2017\]*](/view/html/inforce/2017-01-11/sr-2016-122#GS5@Hpe@EN) [*\[Rule 280 Subrule (4) amended by S.R. 2016, No. 122, Applied:11 Jan 2017\]*](/view/html/inforce/2017-01-11/sr-2016-122#GS5@Hpd@EN) accept a nominated sum of money clear of costs after giving credit to the defendant for any set-off or counterclaim raised by the defendant against the plaintiff; or > > > > > > > (c) concede a proportion, expressed as a percentage, of the plaintiff's claim; or > > > > > > > (d) accept any relief that the plaintiff contends is sufficient to dispose of the whole action or one or more causes of action. > > > (4A)  [*\[Rule 280 Subrule (4A) inserted by S.R. 2016, No. 122, Applied:11 Jan 2017\]*](/view/html/inforce/2017-01-11/sr-2016-122#GS5@Hpf@EN) An offer of compromise is to include a term as to costs as provided by [rule 281(c)](#GS281@Hpc@EN) . > > > (5)  A party may make – > > > > > > (a) more than one offer of compromise; and > > > > > > > (b) an offer of compromise to more than one party. > > > (6)  A party may make an offer of compromise at any time before the commencement of the trial in respect of the claim to which it relates. > > > (7)  An offer of compromise is open for any period, not less than 14 days after service of the offer, specified in the offer. > > > (8)  An offer of compromise may be made by or to 2 or more plaintiffs or defendants jointly.