A grant of leave to appeal under s 14C of the Supreme Court Act 1986 (Vic), which requires only a 'real prospect of success' (i.e. not fanciful), does not provide meaningful assistance in assessing an offeree's prospects of success for the purposes of determining whether refusal of an offer to compromise was unreasonable. The extent of compromise must be assessed in context, including the history of the proceeding, costs already incurred, the amount at stake, and future costs — not merely as a percentage of the judgment sum.
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