The NT Court of Appeal held that where a plaintiff made a reasonable offer of compromise that was rejected, and ultimately obtained a judgment approximately 145% of the offer, indemnity costs were warranted from the date the defendant had reasonable time to consider the offer. The Court distinguished between O 26 r 8(2) (applicable only to personal injury cases) and O 26 r 11(2) and O 48 r 12(12)(a), under which costs remain discretionary. The Court declined indemnity costs for the appeal itself because there was no evidence the offer was renewed after the Supreme Court's judgment.
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