sec.361Costs if offer by defendant—order obtained by plaintiff

### sec.361 Costs if offer by defendant—order obtained by plaintiff This rule applies if— the defendant makes an offer that is not accepted by the plaintiff; and the plaintiff obtains an order that is less favourable to the plaintiff than the offer; and the court is satisfied that the defendant was at all material times willing and able to carry out what was proposed in the offer. Unless a party 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 order the plaintiff to pay the defendant’s costs, calculated on the indemnity basis, after the day of service of the offer; and the plaintiff is not entitled to any costs after the day of service of the offer. However, if the defendant’s offer is served on the first day or a later day of the trial or hearing of the proceeding then, unless the court otherwise orders— the plaintiff is entitled to costs on the standard basis to the opening of the court on the next day of the trial; and the defendant is entitled to the defendant’s costs incurred after the opening of the court on that day on the indemnity basis. r 361 amd 2000 SL No. 127 s 33 ; 2014 SL No. 320 ss 8 , 11 ; 2023 SL No. 61 s 4 (sec.361-ssec.1) This rule applies if— the defendant makes an offer that is not accepted by the plaintiff; and the plaintiff obtains an order that is less favourable to the plaintiff than the offer; and the court is satisfied that the defendant was at all material times willing and able to carry out what was proposed in the offer. (sec.361-ssec.2) Unless a party 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 order the plaintiff to pay the defendant’s costs, calculated on the indemnity basis, after the day of service of the offer; and the plaintiff is not entitled to any costs after the day of service of the offer. (sec.361-ssec.3) However, if the defendant’s offer is served on the first day or a later day of the trial or hearing of the proceeding then, unless the court otherwise orders— the plaintiff is entitled to costs on the standard basis to the opening of the court on the next day of the trial; and the defendant is entitled to the defendant’s costs incurred after the opening of the court on that day on the indemnity basis. - (a) the defendant makes an offer that is not accepted by the plaintiff; and - (b) the plaintiff obtains an order that is less favourable to the plaintiff than the offer; and - (c) the court is satisfied that the defendant was at all material times willing and able to carry out what was proposed in the offer. - (a) the court must— (i) 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 (ii) order the plaintiff to pay the defendant’s costs, calculated on the indemnity basis, after the day of service of the offer; and - (i) 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 - (ii) order the plaintiff to pay the defendant’s costs, calculated on the indemnity basis, after the day of service of the offer; and - (b) the plaintiff is not entitled to any costs after the day of service of the offer. - (i) 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 - (ii) order the plaintiff to pay the defendant’s costs, calculated on the indemnity basis, after the day of service of the offer; and - (a) the plaintiff is entitled to costs on the standard basis to the opening of the court on the next day of the trial; and - (b) the defendant is entitled to the defendant’s costs incurred after the opening of the court on that day on the indemnity basis.