Campaigntrack Pty Ltd v Real Estate Tool Box Pty Ltd (No 2) [2022] FCAFC 121

Campaigntrack Pty Ltd v Real Estate Tool Box Pty Ltd (No 2) [2022] FCAFC 121

It was not unreasonable for the respondents not to accept the offer of compromise, given its uncertainty, its requirement for acceptance by all respondents, and the circumstances of the parties; therefore, costs should be awarded on a party and party basis, not on an indemnity basis.

Jurisdiction
Australia
Judgment Date
19 July 2022
Procedural Posture
Appeal / Cost Determination After Appeal Judgment
Outcome
Costs ordered in favour of the appellant on a party and party basis (not indemnity); determined in lump sum to be assessed by registrar.
Legal Topics
['copyright' 'costs' 'offers of Compromise']
['intellectual Property'] ['copyright' 'costs' 'offers of Compromise']

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Procedural Posture

Appeal / Cost Determination After Appeal Judgment

Legal Issues

  1. 1 ['Whether the appellant should be awarded indemnity costs from the date of its offer of compromise' "Whether the respondents' refusal to accept the offer of compromise was unreasonable"]

Ratio Decidendi

It was not unreasonable for the respondents not to accept the offer of compromise, given its uncertainty, its requirement for acceptance by all respondents, and the circumstances of the parties; therefore, costs should be awarded on a party and party basis, not on an indemnity basis.

Court Disposition

Costs ordered in favour of the appellant on a party and party basis (not indemnity); determined in lump sum to be assessed by registrar.

Orders

  • ["The first, second, fourth, fifth, sixth and seventh respondents must pay the appellant's costs of the appeal on a party and party basis, to be determined in a lump sum pursuant to rule 40.02(b) of the Federal Court Rules 2011 (Cth), assessed and fixed by a registrar, and payable within 28 days of such order." "The...