A formal offer of settlement under r 187 of the District Court Civil Rules 2006 (SA) must be capable of producing a consent judgment upon acceptance; an offer requiring discontinuance is invalid. An offer that purports to resolve claims outside the subject proceedings, or that is uncertain as to the terms and consequences of acceptance (such as requiring entry into an unspecified deed of release), does not comply with r 187. Where both parties have engaged in misconduct at trial, the successful party may be deprived of a portion of costs but the unsuccessful party is not thereby entitled to an award of costs.
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