Anchorage Capital Partners Pty Limited v ACPA Pty Ltd (No 2) [2018] FCAFC 112

Anchorage Capital Partners Pty Limited v ACPA Pty Ltd (No 2) [2018] FCAFC 112

It was not unreasonable or imprudent for the appellant to reject the respondents' settlement offers, and the rejection does not warrant indemnity costs. In light of the success and failure of various issues on the appeal and cross-appeal, a fair apportionment is for the appellant to pay 70% of the respondents' costs.

Jurisdiction
Australia
Judgment Date
16 July 2018
Procedural Posture
Appeal / Judgment on Costs Following Appeal and Cross Appeal
Outcome
Appellant ordered to pay 70% of respondents' costs of appeal (including the notice of contention) and cross-appeal, to be taxed if not agreed.
Legal Topics
['costs' 'indemnity Costs' 'trade Marks' 'settlement Offers' 'apportionment of Costs']
['intellectual Property'] ['costs' 'indemnity Costs' 'trade Marks' 'settlement Offers' 'apportionment of Costs']

Case Brief

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Procedural Posture

Appeal / Judgment on Costs Following Appeal and Cross Appeal

Legal Issues

  1. 1 ["Whether rejection of respondents' settlement offers by appellant was unreasonable so as to warrant indemnity costs" 'Appropriate approach to apportionment of costs given partial success of appellant on appeal and cross-appeal']

Ratio Decidendi

It was not unreasonable or imprudent for the appellant to reject the respondents' settlement offers, and the rejection does not warrant indemnity costs. In light of the success and failure of various issues on the appeal and cross-appeal, a fair apportionment is for the appellant to pay 70% of the respondents' costs.

Court Disposition

Appellant ordered to pay 70% of respondents' costs of appeal (including the notice of contention) and cross-appeal, to be taxed if not agreed.

Orders

  • ["The appellant pay 70% of the respondents' costs of the appeal (including the notice of contention) and the cross-appeal, to be taxed if not agreed."]