A party to the Action requested that the Court re-open a Costs Award made in a proceeding so that a Formal Offer to Settle and another settlement Offer could be considered. The Court declined to do so.

In reaching its decision, the Court noted that Rule 4.29(2) allows a Defendant to recover Costs for steps taken after service of a Formal Offer when the Offer is rejected and the Defendant ultimately receives a equal or more favourable outcome from the Court.

His Lordship identified several factors that could be considered in deciding whether to reopen a Judgment or Order pursuant to Rule 9.31 but rejected the requested variation of the Costs Award because the Formal Offer would not change the results of the Costs Award under Rule 4.29(2) and no miscarriage of justice arising in refusing to re-open the Costs Award.