David vs Bunnings: Mitre 10 franchisee wins crucial legal costs case
A Mitre 10 franchisee has won a crucial legal costs fight against Bunnings, allowing him to take on a high-stakes case to try and stop the hardware giant opening up next door to his Queensland store.
Mitre 10 franchisee David Woodman has won a crucial legal costs ruling against Bunnings, enabling him to pursue a high-stakes case to prevent the hardware giant from opening a store next door to his Queensland location. Woodman, whose family has been in the hardware business for 90 years, was initially concerned about the potential competition and estimated Bunnings could spend $6 million fighting the case.
Under laws introduced in 2019, known as no adverse costs order (NACO), Woodman was protected from paying Bunnings' legal costs if he lost. Justice Robert Bronwich ruled in Woodman's favor, improving the risk of pursuing the case and increasing access to justice. Bunnings, owned by Wesfarmers, had brought in a high-profile barrister to argue against the NACO application.
Woodman's case argues that Bunnings' store will put his existing Mitre 10 Jimboomba location out of business, citing the company's planned warehouse expansion. Bunnings maintains that the new store is needed to enhance choice and create jobs for locals. Despite the court's decision on costs, the case against Bunnings remains challenging for Woodman, who is seeking damages and an injunction to stop the store's opening.
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