Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Redbubble Ltd v Hells Angels Motorcycle Corporation (Australia) Pty Limited (Costs) [2024] FCA 505 Appeal from: Hells Angels Motorcycle Corporation (Australia) Pty Limited v Redbubble Limited (No 4) [2022] FCA 190; Hells Angels Motorcycle Corporation (Australia) Pty Limited v Redbubble Ltd (No 5) [2022] FCA 837
File number(s): QUD 282 of 2022
Judgment of: DOWNES J
Date of judgment: 17 May 2024
Catchwords: COSTS – variation to relief granted by primary judge for infringement of trade marks – two appeals from separate decisions in proceeding below – where appellant obtained orders setting aside declarations and orders of primary judge in infringement proceedings below – whether appellant's settlement offers entitle it to indemnity costs of proceedings below – whether appellant's offers during primary proceedings entitle it to indemnity costs of appeal – whether costs order should be discounted to account for abandoned and unsuccessful grounds of appeal where argument advanced on appeal was different to that advanced to primary judge
Legislation: Civil Dispute Resolution Act 2011 (Cth) s 12(1)(b) Federal Court of Australia Act 1976 (Cth) s 37N(1) Federal Court Rules 2011 (Cth) rr 25.14, 40.02, 40.08
Cases cited: Austin Nichols & Company Inc and Another v Lodestar Anstalt (No 2) (2012) 202 FCR 506; [2012] FCAFC 72 IMF (Australia) Ltd v Meadow Springs Fairway Resort Ltd (In Liquidation) (No 2) [2009] FCAFC 69 Redbubble Ltd v Hells Angels Motorcycle Corporation (Australia) Pty Limited [2024] FCAFC 15
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