Uin v Coles Supermarkets Australia Pty Ltd [2022] NSWSC 180

Uin v Coles Supermarkets Australia Pty Ltd [2022] NSWSC 180

It was in the interests of justice to grant leave because the plaintiff was no longer represented when she accepted the offer, communicated her change of mind relatively soon after acceptance, understood the risks of continuing the proceedings, and the defendant did not oppose leave.

Jurisdiction
Australia
Judgment Date
25 February 2022
Procedural Posture
Civil Procedure — Offer of Compromise / Application for Leave to Withdraw Acceptance of Offer of Compromise
Outcome
Leave granted to withdraw acceptance of the offer of compromise; no order as to costs.
Legal Topics
['offer of Compromise' 'withdrawal of Acceptance' 'leave of the Court' 'costs']
['civil Procedure'] ['offer of Compromise' 'withdrawal of Acceptance' 'leave of the Court' 'costs']

Case Brief

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Procedural Posture

Civil Procedure — Offer of Compromise / Application for Leave to Withdraw Acceptance of Offer of Compromise

Legal Issues

  1. 1 ["Whether the plaintiff should be granted leave to withdraw her acceptance of the defendant's offer of compromise under UCPR r 20.28."]

Ratio Decidendi

It was in the interests of justice to grant leave because the plaintiff was no longer represented when she accepted the offer, communicated her change of mind relatively soon after acceptance, understood the risks of continuing the proceedings, and the defendant did not oppose leave.

Court Disposition

Leave granted to withdraw acceptance of the offer of compromise; no order as to costs.

Orders

  • ["The Court grants leave to the plaintiff to withdraw her acceptance of the defendant's offer of compromise on 20 January 2022." 'No order as to costs.']