Federal Court of Australia
Federal Court of Australia
Stasiuk v Monster Energy Au Pty Ltd (No 3) [2024] FCA 1052 File number: NSD 317 of 2023
Judgment of: NICHOLAS J
Date of judgment: 11 September 2024
Catchwords: COSTS – application for award of costs in a lump sum, including indemnity costs – whether costs should be awarded on an indemnity basis following offers of settlement – whether costs should be awarded in a lump sum – whether costs should be awarded for enforcement of costs order in foreign jurisdiction Held: costs awarded in a lump sum including costs on an indemnity basis following offer of compromise but excluding costs of enforcement in foreign jurisdiction
Legislation: Federal Court of Australia Act 1976 (Cth) s 43(1) Federal Court Rules 2011 (Cth) rr 4.05(2), 11.01(1), 25.01, 25.14(2)
Cases cited: Anchorage Capital Partners Pty Ltd v ACPA Pty Ltd (No 2) [2018] FCAFC 112 Black v Lipovac (by his next friend Lipovac) (1998) 217 ALR 386 Coshott v Burke (No 2) [2018] FCAFC 81 Frigger v Trenfield (No 12) [2022] FCA 900 Stasiuk v Monster Energy Au Pty Ltd [2023] FCA 856 Stasiuk v Monster Energy Au Pty Ltd (No 2) [2024] FCA 237 Veda Advantage Ltd v Malouf Group Enterprises Pty Ltd (No 2) (2016) 118 IPR 156 Wassell v Ken Carr Bobcat & Tipper Hire Pty Ltd (No 2) [2021] NSWSC 1616
Division: General Division
Registry: New South Wales
National Practice Area: Intellectual Property
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