The weakness of an appeal, even where the respondent obtains a judgment more favourable than the terms of a Calderbank offer, does not of itself establish that rejection of the offer was unreasonable. The right of appeal, the extent of capitulation required by the offer, and the unusual features of the case are relevant considerations. An offer that includes an amount for costs does not comply with r 1002(2)(c) of the Court Procedures Rules 2006 (ACT) and is not a valid offer of compromise under the rules.
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