Federal Court of Australia
Federal Court of Australia
Firstmac Limited v Zip Co Limited (No 2) [2023] FCA 1074 File number: NSD 1004 of 2019
Judgment of: MARKOVIC J
Date of judgment: 13 September 2023
Catchwords: COSTS – application for indemnity costs – principles in respect of Calderbank offers – where applicant did not accept offers by respondents to settle proceedings – whether offers were commensurate with a possible outcome in the proceeding
Legislation: Federal Court of Australia Act 1976 (Cth) s 43 Trade Marks Act 1995 (Cth) s 122 Federal Court Rules 2011 (Cth) r 25.01 and r 25.14
Cases cited: Anchorage Capital Partners Pty Limited v ACPA Pty Limited (No 2) [2018] FCAFC 112 Calderbank v Calderbank [1975] 3 All ER 333 Energy Beverages LLC v Cantarella Bros Pty Ltd (No 2) [2022] FCA 394 Firstmac Limited v Zip Co Limited [2023] FCA 540 Merial Inc v Intervet International BV (No 4) (2017) 124 IPR 1; [2017] FCA 223
Division: General Division
Registry: New South Wales
National Practice Area: Intellectual Property
Sub-area: Trade Marks
Number of paragraphs: 52
Date of hearing: 4 August 2023
Counsel for the Applicant/Cross-Respondent: Mr H Bevan SC and Dr WA Rothnie
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