The ACT Court of Appeal dismissed the respondent's application for indemnity or solicitor-and-client costs following a successful defence of an appeal. The Court found the offer of compromise did not comply with r 1002(2) of the Court Procedure Rules 2006 (ACT), and that it was not unreasonable for the appellant to reject the Calderbank offer given the appeal involved a one-dimensional construction issue concerning a single clause. No order as to costs of the application was made.
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