International Management Group of America Pty Ltd v Media Niugini Limited t/as EMTV (No 3) [2021] NSWSC 1590

International Management Group of America Pty Ltd v Media Niugini Limited t/as EMTV (No 3) [2021] NSWSC 1590

There was a binding contract between IMG Australia and EMTV for television broadcasting rights (Package B); EMTV repudiated the agreement, IMG Australia accepted the repudiation and was entitled to damages equal to the difference between contract price and resale price, calculated at USD2,486,000.

Jurisdiction
Australia
Judgment Date
09 December 2021
Procedural Posture
Civil / Principal Judgment
Outcome
Judgment for the plaintiff
Legal Topics
['formation of Contract' 'breach of Contract' 'repudiation' 'misleading and Deceptive Conduct' 'cross Claims']
['contract Law' 'commercial Law' 'civil Procedure'] ['formation of Contract' 'breach of Contract' 'repudiation' 'misleading and Deceptive Conduct' 'cross Claims']

Case Brief

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Procedural Posture

Civil / Principal Judgment

Legal Issues

  1. 1 ['Whether the parties made a binding agreement' 'Whether the defendant repudiated the agreement thereby entitling the plaintiff to damages' 'Whether the plaintiff engaged in misleading and deceptive conduct']

Ratio Decidendi

There was a binding contract between IMG Australia and EMTV for television broadcasting rights (Package B); EMTV repudiated the agreement, IMG Australia accepted the repudiation and was entitled to damages equal to the difference between contract price and resale price, calculated at USD2,486,000.

Court Disposition

Judgment for the plaintiff

Orders

  • ['Judgment for the plaintiff in the sum of USD2,486,000.' 'The cross-claim be dismissed.' "The defendant to pay the plaintiff's costs of the proceedings."]