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] 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] 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] 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] [Rule 280 Subrule (4) amended by S.R. 2016, No. 122, Applied:11 Jan 2017] 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)  An offer of compromise is to include a term as to costs as provided by .