Stasiuk v Monster Energy Au Pty Ltd (No 3) [2024] FCA 1052

Stasiuk v Monster Energy Au Pty Ltd (No 3) [2024] FCA 1052

The applicant unreasonably failed to accept the respondents' offer of compromise made on 28 November 2023, justifying indemnity costs from 1 December 2023. Costs are appropriately fixed in a lump sum (excluding future enforcement in foreign jurisdiction), given the applicant's conduct and circumstances.

Parties
Applicant: Joseph Stasiuk; First Respondent: Monster Energy Au Pty Ltd; Second Respondent: Monster Energy Company
Jurisdiction
Australia
Judgment Date
11 September 2024
Procedural Posture
Application for Lump Sum Costs Order / Post Dismissal, Costs Determination
Outcome
Application for lump sum costs order allowed in part; costs awarded in lump sum including indemnity costs from 1 December 2023, excluding enforcement costs in foreign jurisdiction.
Legal Topics
Patent Infringement, Costs Lump Sum, Indemnity Costs, Offers of Compromise, Enforcement of Costs Orders
Intellectual Property Patent Infringement Costs Lump Sum Indemnity Costs Offers of Compromise Enforcement of Costs Orders

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Parties

Joseph Stasiuk

Applicant

Monster Energy Au Pty Ltd

First Respondent

Monster Energy Company

Second Respondent

Procedural Posture

Application for Lump Sum Costs Order / Post Dismissal, Costs Determination

Legal Issues

  1. 1 Whether costs should be awarded on an indemnity basis following offer of compromise
  2. 2 Whether costs should be awarded in a lump sum
  3. 3 Whether costs should include costs of enforcement in a foreign jurisdiction

Ratio Decidendi

The applicant unreasonably failed to accept the respondents' offer of compromise made on 28 November 2023, justifying indemnity costs from 1 December 2023. Costs are appropriately fixed in a lump sum (excluding future enforcement in foreign jurisdiction), given the applicant's conduct and circumstances.

Court Disposition

Application for lump sum costs order allowed in part; costs awarded in lump sum including indemnity costs from 1 December 2023, excluding enforcement costs in foreign jurisdiction.

Orders

  • The applicant pay the respondents' costs of the proceeding as assessed in the sum of $520,000.