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PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS - OFFERS OF COMPROMISE, PAYMENTS INTO COURT AND SETTLEMENTS - OFFER OF COMPROMISE OR OFFER TO SETTLE OR CONSENT TO JUDGMENT PURSUANT TO RULES - GENERALLY - where there was a claim and counterclaim - where the appellant made an all-up offer to settle all claims in the proceeding which was expressed to be under ch 9 pt 5 of the Uniform Civil Procedure Rules 1999 ( the Rules) - where the offer did not distinguish between the claim and counterclaim - where the trial judge held that rr 360 and 361 of the Rules did not apply to the

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