New South Wales Consolidated Regulations New South Wales Consolidated Regulations(cf SCR Part 52A, rule 22(10) and (11); DCR Part 39A, rule 25; LCR Part 31A, rule 20)
(1) Before the court makes any order under rule 42.14 or 42.15, the party to whom the offer is made may request the party making the offer to satisfy the court that the party making the offer was at all material times willing and able to carry out the offer.
(2) If the court is satisfied that the party making the offer was at all material times willing and able to carry out the offer, then, unless the court orders otherwise, the party making the request must pay such of the costs of the party to whom the request is made as have been occasioned by the request.
(3) If the court is not satisfied that the party making the offer was at all material times willing and able to carry out the offer, then, unless the court orders otherwise--(a) rules 42.14 and 42.15 do not apply, and(b) the party to whom the request is made must pay the costs of the party making the request occasioned by the request.
(4) Unless the court orders otherwise, any application for an order for costs under rule 42.14 or 42.15 must be made forthwith after the order or judgment giving rise to the entitlement to the order for costs is made or given.