Order 26 of the Rules of the Supreme Court (Qld) governing offers to settle and their costs consequences does not apply to appeals. Parties cannot invoke O.26 r.9 to obtain solicitor and client costs on appeal based on offers to settle made pending appeal. An appeal against an apportionment of contributory negligence, being a challenge to a discretionary judgment, does not of itself warrant solicitor and client costs under the Court's general discretion.
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