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    Youssef Taouk and Najibi Taouk v Najib Louis (No 3)

    Feb 12, 2020

    Youssef Taouk and Najibi Taouk v Najib Louis (No 3) [2014] NSWSC 1117

    Darke J was required to consider an offer:
    a) made prior to 4pm on Friday 28 March 2014;
    b) which remained open for acceptance until 5pm on Monday 31 March 2014; and
    c) where the trial commenced on Tuesday 1 April 2014.

    The defendant made the above offer to the plaintiff and on 31 March 2014 served fresh evidence. The plaintiff submitted that the period for acceptance was unreasonably short.

    The rules require an offer to remain open for a period of 28 days where it is made outside of two months before the first trial date, or otherwise must remain open for a reasonable period.

    The Court held that the plaintiff should have been in a position to “give due consideration” to the offer and would have “had a clear appreciation of the strength (or weaknesses) of their case.” The Court noted that the evidence served went to issues already dealt with in other evidence. Accordingly, an award for indemnity costs was made.

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