Pinnacle Runway Pty Ltd v Triangl Limited (No 3) [2020] FCA 1379

Pinnacle Runway Pty Ltd v Triangl Limited (No 3) [2020] FCA 1379

Pinnacle unreasonably rejected Triangl's settlement offers (especially the second), which were more favourable than what Pinnacle ultimately achieved; as a result, indemnity costs are appropriate for Triangl from 13 February 2018. Pinnacle, while successful in the cross-claim, is entitled to its party-party costs of the cross-claim only up to 12 February 2018, thereafter each party bears its own costs.

Jurisdiction
Australia
Judgment Date
25 September 2020
Procedural Posture
Trade Mark Infringement and Cross Claim Proceedings / Post Liability Judgment, Costs Determination
Outcome
Costs determination: indemnity and party-party costs apportioned.
Legal Topics
['trade Marks' 'costs' 'settlement Offers' 'indemnity Costs']
['intellectual Property' 'civil Procedure'] ['trade Marks' 'costs' 'settlement Offers' 'indemnity Costs']

Case Brief

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Procedural Posture

Trade Mark Infringement and Cross Claim Proceedings / Post Liability Judgment, Costs Determination

Legal Issues

  1. 1 ['Entitlement to costs and basis (party-party or indemnity) following outcome of trade mark infringement and cross-claim' "Reasonableness of rejection by Pinnacle of Triangl's settlement offers and implication for indemnity costs" 'Appropriate scale for costs for cross-claim']

Ratio Decidendi

Pinnacle unreasonably rejected Triangl's settlement offers (especially the second), which were more favourable than what Pinnacle ultimately achieved; as a result, indemnity costs are appropriate for Triangl from 13 February 2018. Pinnacle, while successful in the cross-claim, is entitled to its party-party costs of the cross-claim only up to 12 February 2018, thereafter each party bears its own costs.

Court Disposition

Costs determination: indemnity and party-party costs apportioned.

Orders

  • ["The Applicant pay the Second Respondent's costs of and associated with the application alleging trade mark infringement: (a) from commencement until 12 February 2018 on a party-party basis; (b) from 13 February 2018 on an indemnity basis, as agreed or assessed." "The Second Respondent pay the Applicant's costs of...