Lodestar Anstalt v Campari America LLC (No 2) [2016] FCAFC 118

The offers made by Lodestar did not involve a substantial element of compromise, and given the serious legal issue raised by the authority in Yau's Entertainment Pty Ltd v Asia Television Ltd, it was not unreasonable for Campari America to refuse the offers. Therefore, the requirements for indemnity costs under r 25.14 were not satisfied.

Parties: Appellant: Lodestar Anstalt; Respondent: Campari America LLC
Jurisdiction: Australia
Judgment Date: 05 September 2016
Procedural Posture: Appeal / Application to Vary Costs Orders Following Appeal Decision
Outcome: Application to vary costs orders dismissed
Legal Topics: Costs, Offers of Compromise, Trade Marks, Appeals

Intellectual Property Costs Offers of Compromise Trade Marks Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

Lodestar Anstalt

Appellant

Campari America LLC

Respondent

Procedural Posture

Appeal / Application to Vary Costs Orders Following Appeal Decision

Legal Issues

1 Whether the appellant is entitled to indemnity costs following offers of compromise in both the primary appeal and the appeal to the Full Court
2 Whether the refusal of the offer to compromise was unreasonable
3 Whether the offers involved an element of compromise and whether the appellant obtained a judgment more favourable than the terms of the offer

Ratio Decidendi

Court Disposition

Application to vary costs orders dismissed

Orders

The application by the appellant to vary the orders made by this Court on 28 June 2016 be dismissed.
The appellant pay the respondent's costs of the application referred to in paragraph 1.