WICET ) (the principal). While CMC
succeeded on their claim against WICET at trial, WICET also
succeeded on their counterclaim against CMC. The key issue arose
from the fact that WICET made an all-up offer,
expressed to be under Chapter 9, Part 5 of the
Uniform Civil
Procedure Rules 1999
(
UCPR ), to settle all
claims in the proceeding . The offer was also accompanied by a
covering letter which bore the heading without prejudice
except as to costs .
However, as the offer did not distinguish between the claim and
counterclaim, the trial judge had to establish whether the all-up offer for all claims in the