An offer of compromise approximately 7 per cent below the judgment amount (including accrued interest) is not so close to the judgment sum as to constitute an exceptional circumstance under UCPR r 42.14. A party's reasonable expectation of success on appeal, partial success on appeal, or the fact that the appeal engaged fundamental rights such as freedom of speech, do not constitute exceptional circumstances justifying departure from the indemnity costs rule.
The full text is available to signed-in members, including the 13 later cases that cite this judgment.
3 of the 13 citing cases carry a classified treatment. How each court treated it is available to signed-in members.