Once orders giving effect to an appeal judgment are perfected by entry in the Court Registry, an unaddressed appeal ground cannot be re-opened without the consent of the party who has the benefit of the order under r 1613(2)(e) of the Court Procedures Rules 2006 (ACT). A costs appeal ground is a substantive part of the appeal and cannot be dealt with by a single judge under s 37J. The reasonableness of refusing a Calderbank offer is assessed at the time of the offer, not in light of subsequent legal developments.
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