What happens if the offer does not make provision for costs according to Rule 42.13A?

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!

The correct interpretation of Rule 42.13A indicates that if an offer does not make specific provision for costs, the succeeding party is indeed entitled to recover their costs on an ordinary basis. This means that even if the offer lacks explicit detail regarding the treatment of costs, the law provides the succeeding party with the entitlement to seek such recoveries in line with standard practice.

This situation reflects the intent behind procedural rules, which aim to ensure fairness and clarity in the allocation of legal costs following a determination of a legal matter. By defaulting to an ordinary basis for cost recovery, the legal framework seeks to prevent undue disadvantage to the party that has succeeded in the case, maintaining the integrity of the litigation process.

Understanding this provision is vital in civil practice, as it helps parties involved grasp their rights concerning cost recoveries and manage their litigation strategies accordingly. The framework encourages clarity in offers but also ensures that parties are not penalized for unclarified cost designs in their dealings.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy