Redbubble Ltd v Hells Angels Motorcycle Corporation (Australia) Pty Limited (Costs) [2024] FCA 505

Redbubble Ltd v Hells Angels Motorcycle Corporation (Australia) Pty Limited (Costs) [2024] FCA 505

Hells Angels Australia is entitled to 75% of its standard costs of the primary proceeding up to service of an offer in March 2022, with Redbubble entitled to indemnity costs thereafter, due to Hells Angels' failure to take reasonable steps to avoid litigation and Redbubble's offer being more favourable than the ultimate judgment. In respect of the appeals, Hells Angels Australia is awarded its standard costs of the dismissed appeal against Jagot J, and is to pay 70% of Redbubble's standard costs for the allowed appeal against Greenwood J and 100% for the cross-appeal, with discounts reflecting abandoned grounds and varied arguments.

Jurisdiction
Australia
Judgment Date
17 May 2024
Procedural Posture
Appeal and Cross Appeal / Judgment on Costs
Outcome
Costs orders made as set out in paragraphs 1–4 of the orders; partial costs awarded to both parties with varying bases depending on time periods and success.
Legal Topics
['trade Marks' 'costs' 'offers of Compromise' 'civil Procedure']
['intellectual Property'] ['trade Marks' 'costs' 'offers of Compromise' 'civil Procedure']

Case Brief

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Procedural Posture

Appeal and Cross Appeal / Judgment on Costs

Legal Issues

  1. 1 ['Appropriate costs orders where relief on appeal is significantly varied' 'Entitlement to indemnity costs based on settlement offers and conduct in litigation' 'Discounting of costs for failure to take genuine steps or for abandoned/unsuccessful appeal grounds']

Ratio Decidendi

Hells Angels Australia is entitled to 75% of its standard costs of the primary proceeding up to service of an offer in March 2022, with Redbubble entitled to indemnity costs thereafter, due to Hells Angels' failure to take reasonable steps to avoid litigation and Redbubble's offer being more favourable than the ultimate judgment. In respect of the appeals, Hells Angels Australia is awarded its standard costs of the dismissed appeal against Jagot J, and is to pay 70% of Redbubble's standard costs for the allowed appeal against Greenwood J and 100% for the cross-appeal, with discounts reflecting abandoned grounds and varied arguments.

Court Disposition

Costs orders made as set out in paragraphs 1–4 of the orders; partial costs awarded to both parties with varying bases depending on time periods and success.

Orders

  • ["Save for Order 2 of Jagot J dated 16 March 2022, Redbubble to pay 75% of Hells Angels Australia's standard costs of proceeding QUD403/2020 up to 11.00 am on 29 March 2022, and Hells Angels Australia to pay Redbubble's indemnity costs after that time, to be agreed or taxed." "Redbubble to pay Hells Angels...