Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lodestar Anstalt v Campari America LLC (No 2) [2016] FCAFC 118 Appeal from: Skyy Spirits LLC v Lodestar Anstalt [2015] FCA 509
File number: NSD 673 of 2015
Judges: ALLSOP CJ, GREENWOOD, BESANKO, NICHOLAS AND KATZMANN JJ
Date of judgment: 5 September 2016
Catchwords: COSTS – whether appellant entitled to indemnity costs following offers of compromise – where offers to compromise were made in both primary appeal and appeal to Full Court - whether refusal of offer was unreasonable – whether offer involved an element of compromise – whether appellant obtained a judgment more favourable than terms of offer – Federal Court Rules 2011 (Cth), r 25.14
Legislation: Federal Court Rules 2011 (Cth) r 25.14 Trade Marks Act 1995 s 92
Cases cited: Barnes v Forty-Two International Pty Ltd (No. 2) [2015] FCAFC 19 Global Brand Marketing Inc v YD Pty Ltd [2008] FCA 605; (2008) 76 IPR 161 Kooee Communications Pty Ltd v Primus Telecommunications (No. 2) [2011] FCAFC 141 Lodestar Anstalt v Campari America LLC [2016] FCAFC 92 Robinson v Kenny (No 2) [2015] FCA 2 Sagacious Legal Pty Ltd v Wesfarmers General Insurance Ltd [2011] FCAFC 53 Yau's Entertainment Pty Ltd v Asia Television Ltd [2002] FCAFC 78; (2002) 54 IPR 1
Date of hearing: Determined on the papers
Date of last submissions: 1 July 2016 (Appellant) 8 July 2016 (Respondent)
Registry: New South Wales
Division: General Division
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