Supreme Court Rules (NT) r 26.08 offer of compromise provisions apply only to costs at first instance and do not govern the costs of an appeal, though the existence of an unaccepted offer remains a relevant factor in the exercise of the general discretion as to appeal costs. The case also confirms that currency fluctuation concerns do not constitute exceptional circumstances justifying departure from the prima facie costs consequences of the rule where the evidence shows the offeree was not prepared to settle for the offered amount regardless of currency.
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