Chaouk t/as The Hungry Baker v Australian Shadola Pty Ltd [2017] NSWSC 1108

Supreme Court New South Wales

Medium Neutral Citation: Chaouk t/as The Hungry Baker v Australian Shadola Pty Ltd [2017] NSWSC 1108 Hearing dates: 17 August 2017 Date of orders: 22 August 2017 Decision date: 22 August 2017 Jurisdiction: Common Law Before: Adamson J Decision: (1) Refuse leave to appeal in respect of grounds 5 and 6.

(2) Dismiss the appeal with respect to the balance of the grounds.

(3) Subject to (4) below, order the plaintiffs to pay the defendant's costs of the proceedings.

(4) Direct that, if a party wishes to make an application for a costs order other than as set out above, he or it is to make a written application to my Associate within seven days of the date of this order, supported by such evidence and submissions as are to be relied upon.

(5) In the event that an application contemplated by (4) is made:

(a) the respondent to the application is to serve and email to my Associate any submissions and evidence in response within a further seven days;

(b) the applicant is to serve and email to my Associate any submissions and evidence in response within a further seven days; and

(c) the application will be dealt with on the papers, unless either party seeks an oral hearing. Catchwords: LOCAL COURT ACT 2007 (NSW) – appeal – question of law – whether magistrate failed to give reasons – where magistrate found no right to claim breach of contract on the cross claim where no contract in existence – where magistrate identified legal person behind business and communications as constituting terms of the contract –HELD – magistrate provided sufficient reasons for findings made – no error of law – grounds of appeal not made out