14. Offer to Settle

Question 1

Offer to Settle

• who apply?
• when to apply? time limit?
• what kind of offer? only $?
• why offer?

Answer 1

• available to any party O22B
• only available after action has commenced (if not, not a party to a proceeding) - any time until the court disposes the matter
• not limited to monetary claims
• the other party may be penalised in terms of costs if unreasonably reject the offer (r 9)

Question 2

Fail to comply with terms of offer?

Answer 2

The other party can elect O22B r 8

- continue the proceedings (as if no settlement) or apply for judgment (insist on compliance)

Question 3

Costs of proceedings in an offer to settle

Answer 3

Offer is full and final settlement

• so costs must be expressly dealt with in the offer
• otherwise each party bear own costs
• O22B r 9

Question 4

Party under disability - offer to settle?

Answer 4

Acceptance not valid without approval of court

O22B r 7 / O76