QLDIn ForceRegulation
Uniform Civil Procedure Rules 1999
sec.360Costs if offer by plaintiff
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### sec.360 Costs if offer by plaintiff
This rule applies if—
the plaintiff makes an offer that is not accepted by the defendant; and
the plaintiff obtains an order no less favourable than the offer; and
the court is satisfied that the plaintiff was at all material times willing and able to carry out what was proposed in the offer.
Unless the defendant shows another order for costs is appropriate in the circumstances, the court must order the defendant to pay the plaintiff’s costs—
calculated on the standard basis, up to and including the day of service of the offer; and
calculated on the indemnity basis, after the day of service of the offer.
r 360 amd 2000 SL No. 127 s 32 ; 2014 SL No. 320 ss 8 , 10
sub 2023 SL No. 61 s 3
(sec.360-ssec.1) This rule applies if— the plaintiff makes an offer that is not accepted by the defendant; and the plaintiff obtains an order no less favourable than the offer; and the court is satisfied that the plaintiff was at all material times willing and able to carry out what was proposed in the offer.
(sec.360-ssec.2) Unless the defendant shows another order for costs is appropriate in the circumstances, the court must order the defendant to pay the plaintiff’s costs— calculated on the standard basis, up to and including the day of service of the offer; and calculated on the indemnity basis, after the day of service of the offer.
- (a) the plaintiff makes an offer that is not accepted by the defendant; and
- (b) the plaintiff obtains an order no less favourable than the offer; and
- (c) the court is satisfied that the plaintiff was at all material times willing and able to carry out what was proposed in the offer.
- (a) calculated on the standard basis, up to and including the day of service of the offer; and
- (b) calculated on the indemnity basis, after the day of service of the offer.