Bondi Beach Foods Pty Ltd v Chadwick (No 2) [2023] NSWCA 308

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Bondi Beach Foods Pty Ltd v Chadwick (No 2) [2023] NSWCA 308 Hearing dates: On the papers Decision date: 15 December 2023 Before: Gleeson JA; Leeming JA; Payne JA Decision: 1. Subject to order 3 below, no order as to the costs of the proceedings in this Court, including the application for costs of the proceedings in this Court, with the intention that the parties bear their own costs. 2. Dismiss the notices of motion filed by Bucket List and Crossguard on 23 and 24 November 2023. 3. Bucket List and Crossguard to pay Mr Chadwick's costs of the notices of motion filed on 23 and 24 November 2023. Catchwords: COSTS – costs of appeal – where both parties enjoyed measure of success – costs of trial – costs order made at first instance was a ground of appeal – no substantive submissions made on that ground, despite the absence of submissions being pointed out in writing and during the hearing of the appeal – defendants belatedly seek to vary order dismissing that ground of appeal – no basis shown to vary costs order Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 36.16, 42.34 Cases Cited: Bondi Beach Foods Pty Ltd v Chadwick [2023] NSWCA 265 Chadwick v Bondi Beach Food Pty Ltd (No 2) [2023] NSWSC 246 James & Ors v Surf Road Nominees Pty Limited & Ors [No 2] [2005] NSWCA 296 State of New South Wales v Hollingsworth (No 2) [2023] NSWCA 283 Category: Costs Parties: Bondi Beach Foods Pty Ltd (Appellant; First Respondent to First Cross-Appeal; Second Respondent to Second Cross-Appeal) Clinton Chadwick (First Respondent to Appeal and Second Cross-Appeal; Cross-Appellant in First Cross-Appeal) Crossguard Group Pty Ltd (Second Respondent to Appeal and First Cross-Appeal; Cross-Appellant in Second Cross-Appeal) Representation: Counsel: P M Morris SC (Bondi Beach Foods Pty Ltd) D Lloyd SC and M Kalyk (Clinton Chadwick) N Polin SC (Crossguard Group Pty Ltd)