Bymore Pty Limited (trading as Hogsbreath Cafe) v Bardino

Bymore Pty Limited (trading as Hogsbreath Cafe) appealed to the New South Wales Court of Appeal against a decision of the District Court of New South Wales concerning damages awarded to the respondent, Bardino. The dispute arose from an incident where Bardino suffered injuries, and the appeal focused on the quantum of damages awarded by the primary judge.

The central legal issue before the Court of Appeal was whether the primary judge's findings regarding the quantum of damages were so unreasonable as to warrant intervention. Specifically, the court had to consider the evidence presented, including the credibility of witnesses, in assessing whether the damages awarded were excessive or demonstrably wrong.

The Court of Appeal affirmed the well-established principle that findings of fact made by a trial judge, particularly concerning the assessment of damages and the credibility of witnesses, should not be overturned on appeal unless they are shown to be "manifestly unreasonable." The judges applied this principle by carefully reviewing the evidence that underpinned the primary judge's assessment of Bardino's losses. They found no basis to conclude that the primary judge's findings were demonstrably wrong or lacked a proper evidentiary foundation.

Consequently, the appeal was dismissed.