The approach in Castro v Hillery — that an offer to settle can only be evaluated in light of circumstances disclosed at the time the offer was made — applies equally to applications for indemnity costs based on exceeding a mandatory final offer under s 51C of the Motor Accident Insurance Act 1994 (Qld). Where medical reports or other evidence are obtained after the mandatory final offer, this may justify limiting costs below the indemnity level. The question whether a primary judge may grant conditional leave to appeal under s 253 of the Supreme Court Act 1995 (Qld) remains unresolved.
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