F45 Training Pty Ltd v Body Fit Training Company Pty Ltd (No 3) [2022] FCA 162

F45 Training Pty Ltd v Body Fit Training Company Pty Ltd (No 3) [2022] FCA 162

Applications for indemnity costs were refused because rejection of Calderbank offers was not imprudent or unreasonable given misleading evidence and unreasonably short acceptance periods; no basis to award indemnity costs was established.

Jurisdiction
Australia
Judgment Date
01 March 2022
Procedural Posture
Costs Determination Following Patent Infringement and Revocation Proceedings / Costs Orders Following Dismissal of Application for Indemnity Costs
Outcome
Application for indemnity costs refused; Costs on ordinary basis ordered.
Legal Topics
['patent Costs' 'indemnity Costs' 'calderbank Offers' 'patent Validity' 'preliminary Discovery']
['intellectual Property Law'] ['patent Costs' 'indemnity Costs' 'calderbank Offers' 'patent Validity' 'preliminary Discovery']

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Procedural Posture

Costs Determination Following Patent Infringement and Revocation Proceedings / Costs Orders Following Dismissal of Application for Indemnity Costs

Legal Issues

  1. 1 ["Whether respondents' costs should be payable on an indemnity basis" 'Whether rejection of Calderbank offer was imprudent or unreasonable']

Ratio Decidendi

Applications for indemnity costs were refused because rejection of Calderbank offers was not imprudent or unreasonable given misleading evidence and unreasonably short acceptance periods; no basis to award indemnity costs was established.

Court Disposition

Application for indemnity costs refused; Costs on ordinary basis ordered.

Orders

  • ["F45 Training Pty Ltd to pay Body Fit Training Company Pty Ltd's costs of the preliminary discovery proceeding as taxed or agreed, excluding costs of the application for indemnity costs." 'Body Fit Training Company Pty Ltd to pay its own costs of the application for indemnity costs in NSD 1003 of 2019.'...