A formal appeal offer under r 188H of the Supreme Court Civil Rules 2006 (SA) need not specify that the appeal will be allowed or dismissed; failure to serve a formal response under r 188A(5) precludes later challenge to the offer's validity. Under r 188H, the costs discretion is broader than under r 188F and does not start with a presumption of indemnity costs. A party who succeeds overall and betters a formal offer will ordinarily recover costs on a solicitor/client basis from 14 days after the offer, but is not free to litigate all issues without risk on costs simply because protected by a formal offer. Where a recurrent litigant's interest in pursuing an appeal transcends the particular case, that significantly undermines any claim to be relieved of an adverse costs order.
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