Chadwick v Bondi Beach Food Pty Ltd; Bondi Beach Food Pty Ltd v Crossguard Group Pty Ltd [2023] NSWSC 197

Supreme Court New South Wales

Medium Neutral Citation: Chadwick v Bondi Beach Food Pty Ltd; Bondi Beach Food Pty Ltd v Crossguard Group Pty Ltd [2023] NSWSC 197 Hearing dates: 13 February 2023 to 1 March 2023 Date of orders: 9 March 2023 Decision date: 09 March 2023 Jurisdiction: Common Law Before: Elkaim AJ Decision: (1) Verdict for the plaintiff against the first and second defendants for $200,706.40. (2) The defendants are to pay the plaintiff's costs of the proceedings. (3) On the cross-claims, verdict for each cross claimant for contribution or indemnity to the extent of 50% of the damages and costs payable to the plaintiff. (4) Each of the defendants is to pay its own costs of their respective cross-claim. (5) The parties have leave to make further submissions in relation to alternate costs orders. Catchwords: NEGLIGENCE – duty of care – duty of licensee and security guards of licensed premises to patrons of licensed premises NEGLIGENCE – breach – whether defendants had knowledge of aggressive character of plaintiffs – whether failure to evict plaintiff caused harm NEGLIGENCE – contributory negligence – whether plaintiff's actions contributed to harm suffered DAMAGES – viability of business – valuation of economic prospects of an influencer – estimate of medical expenses Legislation Cited: Civil Liability Act 2002 (NSW) s 5A Cases Cited: Adeels Palace Pty Ltd v Moubarak (2009) 239 CLR 420 Collingwood Hotel Pty Ltd v O'Reilly [2007] NSWCA 155 Commercial Union Assurance Co of Australia Ltd v Ferrcom Pty Ltd (1991) 22 NSWLR 389 QBE v Orcher [2013] NSWCA 478 Quintano v BW Rose Pty Ltd [2009] NSWSC 446 Wagstaff v Haslam [2007] NSWCA 28 Category: Principal judgment Parties: Clinton Chadwick (Plaintiff) Bondi Beach Food Pty Ltd (First Defendant) Crossguard Group Pty Ltd (Second Defendant) Representation: Counsel: Mr D Lloyd SC (Plaintiff) Mr M Kalyk (Plaintiff) Mr P M Morris SC (First Defendant) Mr N Polin SC (Second Defendant)