Bondi Beach Foods Pty Ltd v Chadwick (No 2)

In the proceedings before the Court of Appeal of New South Wales, Bondi Beach Foods Pty Ltd (as trustee for the Bondi Beach Foods Trust) and others (the defendants) appealed against a costs order made at first instance in favour of Mr Chadwick. The defendants had also filed notices of motion seeking to vary the orders of the Court of Appeal.

The primary legal issue before the Court was whether to vary its earlier decision regarding the costs of the appeal, specifically in relation to a ground of appeal concerning the costs order made at trial. The defendants also sought to vary the orders made on their notices of motion.

The Court noted that no substantive submissions had been made by the defendants on the ground of appeal relating to the trial costs order, despite the Court having drawn attention to this absence both in writing and during the hearing. Consequently, the Court found no basis to vary its previous decision dismissing that ground of appeal. The Court also addressed the costs of the notices of motion, noting that while the defendants had enjoyed a measure of success in some respects, they had also been unsuccessful in others.

The Court ordered that, subject to specific exceptions, there be no order as to the costs of the proceedings in the Court of Appeal, meaning the parties were to bear their own costs. However, the defendants were ordered to pay Mr Chadwick’s costs of the notices of motion filed on 23 and 24 November 2023.