A pre-trial offer of compromise that resulted in indemnity costs at trial can also support indemnity costs for the entirety of an appeal, including costs incurred before any renewed offer in the appeal, where the offer is renewed at the first reasonable opportunity and the issues on appeal are the same as at trial. The principle in Ettingshausen v Australian Consolidated Press Ltd — that the consequences of a pre-trial offer are not exhausted at the end of the trial because the offer is made in respect of a claim, not a trial — is now encapsulated in UCPR r 51.49.
The full text is available to signed-in members, including the 1 later case that cites this judgment.