Bon Appetit Family Restaurant Pty. Limited v Synnerdahl

Bon Appetit Family Restaurant Pty. Limited (the caterer) and Synnerdahl (the plaintiff) were parties to a dispute concerning alleged negligence. The caterer appealed a decision of the District Court. The Club, which was also a party to the proceedings, cross-appealed. The case was heard in the Court of Appeal of New South Wales.

The central legal issues before the Court of Appeal were whether the caterer was liable in negligence for an employee of the Club slipping on a floor in an area used by the caterer, and whether the Club was entitled to contractual indemnity. Additionally, the court considered whether the occasion for indemnity costs had arisen, particularly in light of evidence not called by the defendant before arbitration but presented in the District Court.

The Court of Appeal dismissed the caterer's appeal, finding no error in the primary judge's decision regarding liability. The Club's appeal was allowed in part, specifically to set aside the primary judge's order for indemnity costs against the Club in favour of the plaintiff. The court determined that the circumstances did not warrant indemnity costs.

Consequently, the caterer's appeal was dismissed with costs. The Club's appeal was allowed to the extent of setting aside the indemnity costs order, and otherwise dismissed. No order was made as to the costs of the Club's appeal, meaning each party was to bear its own costs for that appeal.