MediaCom Australia Pty Ltd v Natvia Pty Ltd [2017] NSWDC 306

MediaCom Australia Pty Ltd v Natvia Pty Ltd [2017] NSWDC 306

The Court found that the Instalment Agreement did not contain any oral term requiring achievement of specific actual TARPS. There was no support for the existence of such a term, and the evidence of Natvia's key witness was rejected. As such, there was no breach of contract or entitlement to damages/setoff for Natvia. Judgment was entered for MediaCom for the unpaid principal and interest, and the cross-claim was dismissed.

Jurisdiction
Australia
Judgment Date
07 September 2017
Procedural Posture
Civil / Principal Judgment After Trial
Outcome
Judgment for the plaintiff for $209,033.88; cross-claim dismissed; costs reserved.
Legal Topics
['contract Formation' 'breach of Contract' 'advertising Law' 'oral and Written Terms' 'damages' 'interest' 'cross Claims']
['contract Law' 'mercantile Law'] ['contract Formation' 'breach of Contract' 'advertising Law' 'oral and Written Terms' 'damages' 'interest' 'cross Claims']

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Procedural Posture

Civil / Principal Judgment After Trial

Legal Issues

  1. 1 ['Whether achievement of certain actual TARPS was a term of the agreement' 'Whether make-up services by Rapid Media remedied any breach of contract' 'Whether Natvia suffered any damage']

Ratio Decidendi

The Court found that the Instalment Agreement did not contain any oral term requiring achievement of specific actual TARPS. There was no support for the existence of such a term, and the evidence of Natvia's key witness was rejected. As such, there was no breach of contract or entitlement to damages/setoff for Natvia. Judgment was entered for MediaCom for the unpaid principal and interest, and the cross-claim was dismissed.

Court Disposition

Judgment for the plaintiff for $209,033.88; cross-claim dismissed; costs reserved.

Orders

  • ['Judgment for the plaintiff in the sum of $209,033.88 being principal of $183,762.17 and interest of $25,271.71.' 'Judgment for the cross-defendant on the cross-claim.' 'Costs of the proceedings reserved.' 'Parties to contact my associate within 14 days with agreed convenient dates in respect of any argument...