Federal Court of Australia
Federal Court of Australia
The Agency Group Australia Ltd v H.A.S. Real Estate Pty Ltd (No 2) [2024] FCAFC 44 Appeal from: The Agency Group Australia Limited v H.A.S. Real Estate Pty Ltd [2023] FCA 482
File number: NSD 564 of 2023
Judgment of: YATES, MARKOVIC AND KENNETT JJ
Date of judgment: 2 April 2024
Catchwords: COSTS – application for lump sum costs order calculated on an indemnity basis – whether the failure of the applicants to accept an offer of compromise was unreasonable – where offer of compromise included payment of costs other than legal costs – where rejection of offer was not unreasonable – whether costs should be apportioned taking account of the parties' success or failure on certain issues – costs awarded on a party and party basis without apportionment
Cases cited: Self Care IP Holdings Pty Ltd v Allergan Australia Pty Ltd [2023] HCA 8; 408 ALR 195 The Agency Group Australia Limited v H.A.S. Real Estate Pty Ltd (No 2) [2023] FCA 652 Verrocchi v Direct Chemist Outlet Pty Ltd (No 2) [2016] FCAFC 162
Division: General Division
Registry: New South Wales
National Practice Area: Intellectual Property
Sub-area: Trade Marks
Number of paragraphs: 33
Date of last submission: 29 January 2024
Date of hearing: Determined on the papers
Counsel for the Appellants: Mr E Heerey KC and Mr R Maguire
Solicitor for the Appellants: Thomson Geer
Counsel for the Respondent: Ms J Beaumont SC and Ms J Ambikapathy
Solicitor for the Respondent: Talbot Sayer Lawyers
ORDERS NSD 564 of 2023
BETWEEN: THE AGENCY GROUP AUSTRALIA LTD (ACN 118 913 232) First Appellant
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