sec.318BCourt may make an alternative order in particular circumstances

### sec.318B Court may make an alternative order in particular circumstances Subsection (2) applies to an order for costs a court is required to make under the following sections (a prescribed order )— section 312 (2) ; section 313 (2) ; section 316A (3) or (4) . The court may make an order for costs other than the prescribed order if the party ordered to pay costs shows the other order is appropriate in the circumstances. Subsection (4) applies if an award of damages is affected by factors that were not reasonably foreseeable by a party at the time of making or failing to accept a written final offer. The court may, if satisfied that it is just to do so, make an order for costs under divisions 1 , 2 or 2A as if the reference to a written final offer or a failure to accept a written final offer were a reference to a later offer made, or a failure to accept a later offer made, in the light of the factors that became apparent after the parties completed the exchange of written final offers. A claimant’s medical condition suddenly and unexpectedly deteriorates after the date of the written final offers and the court makes a much higher award of damages than would have been reasonably expected at that time. In that case, the court may ignore the written final offers and award costs on the basis of later offers of settlement. s 318B ins 2010 No. 24 s 32 (sec.318B-ssec.1) Subsection (2) applies to an order for costs a court is required to make under the following sections (a prescribed order )— section 312 (2) ; section 313 (2) ; section 316A (3) or (4) . (sec.318B-ssec.2) The court may make an order for costs other than the prescribed order if the party ordered to pay costs shows the other order is appropriate in the circumstances. (sec.318B-ssec.3) Subsection (4) applies if an award of damages is affected by factors that were not reasonably foreseeable by a party at the time of making or failing to accept a written final offer. (sec.318B-ssec.4) The court may, if satisfied that it is just to do so, make an order for costs under divisions 1 , 2 or 2A as if the reference to a written final offer or a failure to accept a written final offer were a reference to a later offer made, or a failure to accept a later offer made, in the light of the factors that became apparent after the parties completed the exchange of written final offers. A claimant’s medical condition suddenly and unexpectedly deteriorates after the date of the written final offers and the court makes a much higher award of damages than would have been reasonably expected at that time. In that case, the court may ignore the written final offers and award costs on the basis of later offers of settlement. - (a) section 312 (2) ; - (b) section 313 (2) ; - (c) section 316A (3) or (4) .