Futuretronics.com.au Pty Ltd v Graphix Labels Pty Ltd

[2009] FCAFC 40

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Indemnity costs
4. › Calderbank offer
5. › Whether rejection of offer was unreasonable
6. › Whether appeal without prospect of success
1. Practice and Procedure
2. › Costs
3. › Indemnity costs
4. › Offer of compromise under rules of court
5. › Rebuttable presumption in favour of indemnity costs
6. › Whether reasonableness of rejection sufficient to displace presumption
7. › Federal Court Rules, O 23 r 11(6)

Quick Take

Even where rejection of a formal offer of compromise under Order 23 rule 11(6) is reasonable, this alone will not displace the presumption in favour of indemnity costs — something more is required.