The most important factor in determining whether refusal of a Calderbank offer was plainly unreasonable is whether the offeree had any prospect of success on the appeal. Where a genuine question of construction is involved and the argument is not hopeless, refusal of a Calderbank offer will not be plainly unreasonable even if the offeree ultimately fails. Chapter 9 Part 5 of the UCPR (Qld) does not apply to Court of Appeal proceedings.
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