What does Rule 42.15A provide if a D's offer is accepted and results in a favorable judgment?

Study for the New South Wales Civil Practice and Procedure Test. Engage with multiple choice questions, comprehensive explanations, and helpful insights. Ace your exam with confidence!

Rule 42.15A relates to the costs that are awarded in civil proceedings, particularly when a defendant's offer is accepted and leads to a judgment that is favorable to the plaintiff. In this context, the rule stipulates that if the defendant's offer is accepted and the plaintiff subsequently receives a favorable judgment, the defendant is entitled to recover ordinary costs incurred before the date of the offer.

This provision ensures that defendants are compensated for the legal expenses they have incurred up to the time they made their offer. It acts as a protection for defendants who have made reasonable offers to settle disputes before trial, encouraging settlement and reducing the burden on the court system. If the offer is accepted, the defendant is not penalized for having made a reasonable offer and allows for the possibility of recovering some costs incurred during the dispute.

Consequently, while the other options might present scenarios regarding costs, they don’t accurately reflect what is outlined in Rule 42.15A concerning the relationship between the acceptance of a defendant’s offer and the resulting costs. The correct choice highlights the approach taken in the rule to balance the financial implications for defendants who seek to resolve matters before trial through an offer.

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