Scanruby P/L v. Caltex Petroleum P/L and Anor [2001] NSWSC 411

Scanruby P/L v. Caltex Petroleum P/L and Anor [2001] NSWSC 411

Leave to withdraw an offer of compromise under Pt.22 r.3(6) may be granted nunc pro tunc, where new evidence constituting a significant change in circumstances comes to light after the offer, and such application may be made at any time prior to entry of judgment, so the withdrawal is valid and acceptance does not bind the parties notwithstanding the late application for leave.

Jurisdiction
Australia
Judgment Date
18 May 2001
Procedural Posture
Notice of Motion / Post Trial, Motion for Leave to Withdraw Offer of Compromise Prior to Entry of Judgment
Outcome
Leave granted to plaintiff to withdraw offer of compromise nunc pro tunc, effective 26 April 2001; Defendants ordered to pay plaintiff's costs of the notice of motion.
Legal Topics
['offer of Compromise' 'withdrawal of Offer' 'supreme Court Rules Pt.22 R.3']
['procedure' 'equity'] ['offer of Compromise' 'withdrawal of Offer' 'supreme Court Rules Pt.22 R.3']

Case Brief

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Procedural Posture

Notice of Motion / Post Trial, Motion for Leave to Withdraw Offer of Compromise Prior to Entry of Judgment

Legal Issues

  1. 1 ['Whether leave to withdraw an offer of compromise can be granted nunc pro tunc under Supreme Court Rules Pt.22 r.3(6)' 'Whether sufficient change in circumstances justifies withdrawal after acceptance but before entry of judgment']

Ratio Decidendi

Leave to withdraw an offer of compromise under Pt.22 r.3(6) may be granted nunc pro tunc, where new evidence constituting a significant change in circumstances comes to light after the offer, and such application may be made at any time prior to entry of judgment, so the withdrawal is valid and acceptance does not bind the parties notwithstanding the late application for leave.

Court Disposition

Leave granted to plaintiff to withdraw offer of compromise nunc pro tunc, effective 26 April 2001; Defendants ordered to pay plaintiff's costs of the notice of motion.

Orders

  • ['Leave to the plaintiff nunc pro tunc to withdraw its offer of compromise effective on 26 April 2001.' "Defendants to pay the plaintiff's costs of the Notice of Motion."]