UCPR r 360 – offers to settle – joint offer by first and second plaintiffs

Jackson, Sheryl (2008) UCPR r 360 – offers to settle – joint offer by first and second plaintiffs. Proctor, 28(8), pp. 52-53.

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The decision in ACN 070 037 599 Pty Ltd v Larvik Pty Ltd (No 2) [2008] QSC 118 involved a consideration of the implications for a plaintiff whose offer to settle under Part 5 of the Uniform Civil Procedure Rules 1999 (Qld) was made jointly with another plaintiff who abandoned her action before trial.

The court found nothing wrong with the making of a joint offer. It concluded the successful plaintiff would be entitled to indemnity costs on the simple test of whether the judgment for that plaintiff was more favourable than the offer.

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ID Code: 58920
Item Type: Journal Article
Refereed: Yes
Keywords: UCPR r 360, offers to settle, joint offer by first and second plainitffs, costs implications
ISSN: 1321-8794
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Litigation Adjudication and Dispute Resolution (180123)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Copyright Owner: Copyright 2008 Sheryl Jackson
Deposited On: 04 Apr 2013 22:48
Last Modified: 24 Jul 2013 06:23

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