Offers of compromise made at first instance but not renewed prior to appeal, combined with the appellant's abandonment of certain grounds of appeal, do not constitute unreasonable or delinquent conduct sufficient to warrant indemnity costs on appeal. The failure to make fresh offers prior to the appeal weighs against an indemnity costs application. A party that abandons unmeritorious grounds of appeal should not be penalised with indemnity costs for doing so.
The full text is available to signed-in members, including the 12 later cases that cite this judgment.
4 of the 12 citing cases carry a classified treatment. How each court treated it is available to signed-in members.