An offer to settle under O 26 of the Rules of the Supreme Court 1900 (Qld) must be evaluated in the light of the circumstances disclosed in the proceedings at the time the offer was made; where the operative statement of loss and damage at the time of the offer did not include significant heads of claim later added, indemnity costs should not be awarded. A discount of 15% for vicissitudes was appropriate where the plaintiff had foreign qualifications not yet recognised in Australia and faced significant uncertainties in her projected career path.
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