Chadwick v Bondi Beach Food Pty Ltd (No 2) [2023] NSWSC 246

Supreme Court New South Wales

Medium Neutral Citation: Chadwick v Bondi Beach Food Pty Ltd (No 2) [2023] NSWSC 246 Hearing dates: 17 March 2023 Date of orders: 20 March 2023 Decision date: 20 March 2023 Jurisdiction: Common Law Before: Elkaim AJ Decision: (1) The costs orders made on 9 March 2023, are confirmed. (2) The judgment delivered on 9 March 2023, is stayed on condition that each defendant files a notice of appeal within 42 days of today's date and thereafter pursues the appeal in accordance with the applicable rules of court. (3) Each party is to pay its own costs of the application for a stay. (4) The defendants are to pay the plaintiff's costs of the application to amend the original costs' orders Catchwords: JUDGMENTS AND ORDERS – stay of execution – power to grant stay – likelihood that plaintiff will repay monies – conditional stay COSTS – UCPR 42.34 – where plaintiff recovers less than $500,000 – whether commencement and continuation of proceedings warranted Legislation Cited: Civil Liability Act 2002 Uniform Civil Procedure Rules 2005 (NSW) reg 42.34 Cases Cited: Alexander v Cambridge Credits Corporation Limited 2 [1985] 2 NSWLR 685 Chadwick v Bondi Beach Food Pty Ltd; Bondi Beach Food Pty Ltd v Crossguard Group Pty Ltd [2023] NSWSC 197 Norris v Routley [2016] NSWSC 147 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)