When can Calderbank offers be disclosed to the court in terms of costs?

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!

Calderbank offers, which are offers to settle made without prejudice save as to costs, can be disclosed to the court during the assessment of costs related to the settlement. This is because the purpose of these offers is to incentivize parties to settle disputes and to take into account the reasonableness of their actions leading up to and during the litigation process. When assessing costs, the court may consider these offers to determine whether a party has acted unreasonably by not accepting a reasonable offer to settle.

In this context, option B is correct because it aligns with the legal framework that allows such disclosures specifically for the determination of costs following the resolution of the dispute, either through settlement or trial. This use of Calderbank offers at the cost assessment phase allows the court to ensure that parties are incentivized to consider reasonable offers seriously to avoid unnecessary litigation.

The other options do not correctly reflect the circumstances under which Calderbank offers can be disclosed. For instance, disclosing them only upon request by either party does not align with the broader purpose of cost considerations, while suggesting that this disclosure can occur at any stage undermines the specific procedural context in which such offers are relevant. Moreover, stating that they can only be disclosed after the trial has concluded misses the necessity

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