Section 198D of the Legal Profession Act 1987 (NSW) imposes a ceiling on the amount of costs recoverable in personal injury claims but does not preclude an order for costs on a solicitor and client basis under the District Court Rules, provided the assessed costs do not exceed the ceiling. Section 198F, permitting indemnity costs exceeding the ceiling after an unaccepted offer, is not a code excluding other costs bases within the ceiling. A Calderbank offer made pending appeal does not automatically warrant enhanced costs; the court will consider all circumstances including the offeror's overall success on appeal.
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