Louis Vuitton Malletier SA v Toea Pty Ltd (ACN 010 120 966) (No 2) [2006] FCA 1823

Although the applicant's case was weak, it was not entirely without merit and there was no unreasonable refusal of settlement; costs should be taxed on a party and party basis.

Jurisdiction: Australia
Judgment Date: 29 November 2006
Procedural Posture: Civil / Post Judgment Costs Determination
Outcome: Respondents awarded costs on a party and party basis, including today’s costs.
Legal Topics: ['trade Marks' 'costs Orders']

['intellectual Property' 'civil Procedure'] ['trade Marks' 'costs Orders']

Case Brief

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Civil / Post Judgment Costs Determination

Legal Issues

1 ['Whether the respondents are entitled to costs on a party and party or indemnity basis.']

Ratio Decidendi

Although the applicant's case was weak, it was not entirely without merit and there was no unreasonable refusal of settlement; costs should be taxed on a party and party basis.

Court Disposition

Respondents awarded costs on a party and party basis, including today’s costs.

Orders

["The applicant pay the respondents' costs of the proceedings to be taxed on a party and party basis, including the costs of today."]