An offer of compromise made under District Court Rules Pt 39A does not extend to costs on appeal in the Court of Appeal; the Supreme Court Rules governing offers of compromise in the Court of Appeal do not give effect to offers made in other courts. Where a respondent does not make an offer of compromise during the appeal, the consequences of a lower court offer are confined to the lower court costs order, and a successful appellant is entitled to costs of the appeal in the ordinary course.
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