When assessing whether a judgment is 'no less favourable' than an offer to settle under UCPR r 360, each material term of the offer must be reflected in the judgment. An offer that includes a term for sale of property is not matched by a judgment that declares a trust interest without ordering sale, even if the monetary components of the judgment are favourable. An indemnity certificate under s 15 of the Appeal Costs Fund Act 1973 (Qld) will not usually be granted where the respondent's arguments at first instance contributed to the primary judge's error.
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