Truong Giang Corporation v Quach [2016] FCA 50

Truong Giang Corporation v Quach [2016] FCA 50

Indemnity costs were not warranted based solely on the respondents' conduct or their rejected evidence, but were appropriate from the time specified by r 25.14(3) of the Federal Court Rules 2011 (Cth) due to the non-acceptance of compliant offers of compromise which were more favourable than the judgment obtained.

Jurisdiction
Australia
Judgment Date
05 February 2016
Procedural Posture
Costs Application / Post Judgment (assessment of Costs)
Outcome
Indemnity costs ordered in part
Legal Topics
['costs' 'indemnity Costs' 'trade Mark Infringement' 'misleading and Deceptive Conduct' 'passing Off' 'offers of Compromise']
['intellectual Property' 'civil Procedure'] ['costs' 'indemnity Costs' 'trade Mark Infringement' 'misleading and Deceptive Conduct' 'passing Off' 'offers of Compromise']

Case Brief

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Procedural Posture

Costs Application / Post Judgment (assessment of Costs)

Legal Issues

  1. 1 ['Whether indemnity costs should be awarded to the applicant following findings of trade mark infringement, misleading and deceptive conduct, and passing off' 'Whether the conduct of unrepresented respondents warrants indemnity costs' 'Whether non-acceptance of offers of compromise entitles the applicant to indemnity costs under r 25.14(3) of the Federal Court Rules 2011 (Cth)']

Ratio Decidendi

Indemnity costs were not warranted based solely on the respondents' conduct or their rejected evidence, but were appropriate from the time specified by r 25.14(3) of the Federal Court Rules 2011 (Cth) due to the non-acceptance of compliant offers of compromise which were more favourable than the judgment obtained.

Court Disposition

Indemnity costs ordered in part

Orders

  • ['The costs awarded pursuant to orders 21 and 22 of the orders made by the Court on 15 October 2015 be assessed: (a) up to 11.00 am on 14 November 2014, on a party and party basis; and (b) from 11.00 am on 14 November 2014: (i) on an indemnity basis insofar as they relate to the issues of liability; (ii) on a party...