A pre-trial Calderbank offer will generally not support an indemnity costs order on appeal where there are significant differences between the basis of the offer and the issues on appeal. However, a Calderbank offer made during the appeal that represents a real compromise and is unreasonably rejected will support indemnity costs from the date of the offer. Where a gross sum costs application is pending in a lower court for costs at first instance, the efficient course is to remit the appellate costs gross sum question to that court rather than conducting two separate hearings.
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