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

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

A stay of execution of judgment was warranted due to the unlikelihood of repayment by the plaintiff if the appeal is successful and is therefore granted conditionally; the costs orders are confirmed as the commencement and continuation of proceedings in the Supreme Court were warranted based on the available evidence and potential damages.

Parties
Plaintiff: Clinton Chadwick; First Defendant: Bondi Beach Food Pty Ltd; Second Defendant: Crossguard Group Pty Ltd
Jurisdiction
Australia
Judgment Date
20 March 2023
Procedural Posture
Principal Judgment / Stay and Costs Application Following Judgment
Outcome
Stay of judgment granted on condition; previous costs orders confirmed; each party to pay own costs on stay application; defendants to pay plaintiff's costs on application to amend costs orders.
Legal Topics
Stay of Execution, Costs Orders, Conditional Stay, Jurisdiction, Non Economic Loss
Civil Procedure Costs Personal Injury Stay of Execution Costs Orders Conditional Stay Jurisdiction Non Economic Loss

Case Brief

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Parties

Clinton Chadwick

Plaintiff

Bondi Beach Food Pty Ltd

First Defendant

Crossguard Group Pty Ltd

Second Defendant

Procedural Posture

Principal Judgment / Stay and Costs Application Following Judgment

Legal Issues

  1. 1 Whether a stay of judgment should be granted
  2. 2 Whether costs orders should be amended under UCPR 42.34
  3. 3 Whether commencement and continuation of proceedings in Supreme Court were warranted

Ratio Decidendi

A stay of execution of judgment was warranted due to the unlikelihood of repayment by the plaintiff if the appeal is successful and is therefore granted conditionally; the costs orders are confirmed as the commencement and continuation of proceedings in the Supreme Court were warranted based on the available evidence and potential damages.

Court Disposition

Stay of judgment granted on condition; previous costs orders confirmed; each party to pay own costs on stay application; defendants to pay plaintiff's costs on application to amend costs orders.

Orders

  • The costs orders made on 9 March 2023, are confirmed.
  • The judgment delivered on 9 March 2023, is stayed on condition that each defendant files a notice of appeal within 42 days and pursues the appeal accordingly.