NACO ordered in Woodman Beenleigh’s s 46 action against Bunnings

Justice Bromwich has made a no adverse cost order in favour of Woodman Beenleigh relating to its misuse of market power claim against Bunnings (Woodman Beenleigh Pty Ltd v Bunnings Group Limited (no adverse costs order) [2026] FCA 1231).

Justice Bromwich considered in detail the requirements in s 82(4) for enlivening a discretion to award a NACO and the considerations relevant for exercising the discretion under s 82(5). All requirements were found to be satisfied here and the discretion to award the NACO was exercised.

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See also media:

• Emilia Terzon, ‘Mitre 10 franchisee wins crucial legal costs case against hardware giant Bunnings’ (ABC News, 28 August 2026)