A pre-trial Calderbank offer that resulted in indemnity costs at trial does not, of itself, justify indemnity costs on appeal. Parties seeking indemnity costs on appeal should make a separate offer to compromise the appeal under Part 3 of Order 26 (r 26.12) of the Supreme Court (General Civil Procedure) Rules 2005 (Vic). Something more than the existence of a rejected pre-trial offer is required to depart from the usual order as to costs on appeal.
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