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Recent Developments in the Offer to Settle Regime in Singapore - Accepting an Offer to Settle before Damages are Assessed and the Contra Proferentem Rule: Ong & Ong Pte Ltd v Fairview Developments Pte Ltd [2014] 2 SLR 1285

Chen Siyuan & Eunice Chua Hui Han

(2014) 26 SAcLJ 687

Abstract:
Under O 22A r 3(5) of Singapore’s Rules of Court (Cap 322, R 5, 2014 Rev Ed), where an offer to settle “does not specify a time for acceptance, it may be accepted at any time before the Court disposes of the matter in respect of which it is made”. But can an offeree accept an offer to settle even after the merits of the case have been adjudicated and appealed upon, on the basis that damages have yet to be assessed? Should it be able to? A recent Singapore High Court decision on this issue is analysed in this case note.