Abstract

Article

Sanderson Order

There is no clear demarcation between the two issues of whether the offer was genuine and whether it was reasonable for the recipient to reject it. That what the offer was offering to forego was not of high value, in a monetary sense (Loulach Developments Pty Ltd v RMS (No.2) [2019] NSWSC 601 is not necessarily fatal.    It is relevnt whether the claim, viewed prospectively, though weak, was not so hopeless as to be characterised as frivolous or vexatious. Robb Evans of Robb Evans & Associates v European Bank Ltd (No 2) [2009] NSWCA 170. A prospective limitations problem is fairly notorious, since the outcome of limitations defences are not readily predictable. The Owners - " Strata Plan No 55682 v W. R. Berkley Insurance (Europe), PLC (No.2) [2021] NSWDC 14.