oa De Rebus - Dally for a day : and the importance of timing : case note

Volume 2015, Issue 551
  • ISSN : 0250-0329



In anticipation of trial, it is common practice for the defendant to place the plaintiff on risk by offering a tender in terms of r 34 of the Uniform Rules of Court. In considering an appropriate costs order, there are three salient factors that will guide the court in exercising its discretion:

  • the timing of the tender;
  • the time taken to consider and uplift or reject the tender (the spatium deliberandi); and
  • the conduct of the parties in the interim.

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