An offer of compromise on appeal that references costs already ordered at first instance is not rendered non-compliant with UCPR r 20.26(2), because 'exclusive of costs' refers only to the costs of the proceedings in which the offer is made. There remains an unresolved conflict in the NSWCA as to whether exceptional circumstances are required before the Court may 'otherwise order' under UCPR r 42.14(2), though the Court indicated the textual argument favours no such requirement.
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