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Which document is typically submitted to support the application for costs stemming from a Calderbank offer?

A cost estimation report

A Calderbank letter

A Calderbank letter is a critical document in the context of costs applications arising from negotiations between parties, particularly in civil litigation cases in New South Wales. This letter outlines a party's formal offer to settle a dispute and is presented as a way to encourage resolution without further litigation.

When a Calderbank offer is made, it serves to signal to the court that one party has attempted to settle the matter outside of court proceedings. If the offer is not accepted and the initiating party ultimately obtains a more favorable outcome in court than what was proposed in the Calderbank offer, that party may be eligible to seek an order for costs against the other party. The Calderbank letter, therefore, is a crucial piece of evidence that establishes the attempt at settlement and underpins the application for costs.

In the context of this scenario, the Calderbank letter is directly relevant to the application because it offers a record of the settlement proposal and highlights the circumstances related to costs that the court must consider. Such offers convey the intent and willingness to resolve the dispute amicably, potentially impacting how costs are awarded.

The other options do not directly support the application related to the Calderbank offer in the same manner. A cost estimation report provides a prediction of expenses but does not establish the context

An affidavit from the applicant

A settlement agreement

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