An offer of compromise made at trial level does not have the consequences on appeal for which the rules provide at trial, though it remains a relevant consideration. A respondent seeking to rely on an offer of compromise in appellate proceedings should avail itself of the procedure under Rule 26.12 of the Supreme Court (General Civil Procedure) Rules 2015 (Vic). Partial success in obtaining leave to appeal on one ground does not warrant apportionment of costs where the appeal is ultimately dismissed.
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