Page 3685 - Week 08 - Friday, 24 August 2012
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(7) If an award of damages is affected by factors that were not reasonably foreseeable by a party at the time of making the party’s mandatory final offer, the court may, if satisfied that it is just to do so, make an order for costs under section 155, section 155A or section 155B as if the reference to a mandatory final offer in the relevant section were a reference to a later offer made in the light of the factors that became apparent after the parties completed the exchange of mandatory final offers.
Example
If a claimant’s medical condition suddenly and unexpectedly deteriorates after the date of the mandatory final offers and the court makes a much higher award of damages than would have been reasonably expected at that date, the court may ignore the mandatory final offers and award costs on the basis of later offers of settlement.
10
Clause 27
Proposed new section 275 (1)
Page 27, line 7—
omit
as soon as practicable after the end of 5 years
substitute
every 2 years
Schedule 3
Election Commitments Costing Bill 2011
Amendments moved by Mr Rattenbury
1
Dictionary, definition of costing period
Page 10, line 10—
omit the definition, substitute
costing period, for an election of the Legislative Assembly, means the period––
(a) starting—
(i) for an election held in 2012—on Monday 3 September 2012; or
(ii) for an election held in a later year—1 week after the last sitting day of the Legislative Assembly before the election; and
(b) ending when the Chief Minister is elected on the first sitting day of the Legislative Assembly after the election.
2
Dictionary, definition of pre-election period
Page 10, line 18—
omit
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