The unsuccessful Appellant, Krayzel Corporation (“Krayzel”), disputed the Costs provisions of a form of Order drafted by the Respondent, Equitable Trust Company (“Equitable”). The form of Order included enhanced Costs pursuant to Rule 4.29. Krayzel argued that the calculation of Costs was flawed as Equitable’s Formal Offer to Settle was not capable of being accepted independently by Krayzel, because it was contingent upon all Appellants accepting it.

The Court agreed with Krayzel since it could not unilaterally accept an Offer contingent on the consent of others. Therefore, the Formal Offer to Settle was not a true Offer of compromise contemplated by the Rules. The Court directed that the form of Order be revised.