289Costs in relation to failure to accept offer

### 289 Costs in relation to failure to accept offer > > (1)  Unless the Court or a judge otherwise orders, a plaintiff is entitled to an order for costs against the defendant taxed on a solicitor-client basis if – > > > > > > (a) the plaintiff has made an offer of compromise in accordance with this Part; and > > > > > > > (b) the defendant has not accepted the offer at the time of the judgment; and > > > > > > > (c) the judgment is no less favourable to the plaintiff than the terms of the offer. > > > (2)  Unless the Court or a judge otherwise orders, a plaintiff is entitled to an order for costs against the defendant, up to and including the day on which an offer of compromise was served, on a party and party basis and the defendant is entitled to an order for costs against the plaintiff in respect of the claim after service of the offer on a party and party basis if – > > > > > > (a) [*\[Rule 289 Subrule (2) amended by S.R. 2005, No. 71, Applied:29 Jun 2005\]*](/view/html/inforce/2005-06-29/sr-2005-071#GS4@EN) the defendant has made the offer in accordance with this Part; and > > > > > > > (b) the plaintiff has not accepted the offer at the time of the judgment; and > > > > > > > (c) the judgment is no more favourable to the plaintiff than the terms of the offer. > > > (3)  [Subrules (1)](#GS289@Gs1@EN) and [(2)](#GS289@Gs2@EN) do not apply unless the Court or judge is satisfied that the party making the offer was at all material times willing and able to carry out his or her part of the offer. > > > (4)  For the purposes of this rule, the Court or judge is to disregard any amount of interest awarded to the plaintiff in relation to the period after the day on which the offer was served. > > > (5)  For the purposes of [subrule (4)](#GS289@Gs4@EN) , the Court or judge may be informed of the fact that an offer of compromise has been served and of the date of service, but not of the terms of the offer.