Curnow Consulting Pty Limited v JPD Media and Design Pty Ltd t/a Durie Design [2017] NSWSC 1171

Curnow Consulting Pty Limited v JPD Media and Design Pty Ltd t/a Durie Design [2017] NSWSC 1171

The Court found, on the evidence and conduct of the parties, that the oral Management Agreement entitled Curnow Consulting to management fees of $8,000 per month (without variation by agreement in February/March 2012), and 5% commission on all JPD revenue (except that introduced by Sean Anderson), with no further carve outs; that JPD's notice of 28 March 2013 did not validly terminate the Services Agreement for breach, nor had JPD validly terminated the Management Agreement, and in purporting to do so while itself in breach (especially for non-payment of management fees) JPD repudiated both agreements. Curnow Consulting is entitled to damages for wrongful termination, but damages for the...

Parties
Plaintiff: Curnow Consulting Pty Limited; First Defendant: JPD Media & Design Pty Limited trading as Durie Design; Second Defendant: Jamie Paul Durie
Jurisdiction
Australia
Judgment Date
01 September 2017
Procedural Posture
Principal Judgment / Liability Judgment (quantum Reserved for Further Consideration)
Outcome
Judgment for the plaintiff on liability. Damages, including fees and commissions due, to be assessed at a further quantum hearing. Directions to bring short minutes of order. Leave to apply.
Legal Topics
Construction of Written Contracts, Formation and Terms of Oral Agreements, Termination of Contracts, Damages for Breach of Contract, Repudiation, Agency Agreements
Contract Law Equity Construction of Written Contracts Formation and Terms of Oral Agreements Termination of Contracts Damages for Breach of Contract Repudiation Agency Agreements

Case Brief

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Parties

Curnow Consulting Pty Limited

Plaintiff

JPD Media & Design Pty Limited trading as Durie Design

First Defendant

Jamie Paul Durie

Second Defendant

Procedural Posture

Principal Judgment / Liability Judgment (quantum Reserved for Further Consideration)

Legal Issues

  1. 1 Whether the written Services Agreement was validly terminated by JPD's notice of 28 March 2013
  2. 2 What were the oral terms of the Management Agreement including commission structure and entitlement to management fees
  3. 3 Whether and when the Management Agreement could be terminated and whether it was validly terminated

Ratio Decidendi

The Court found, on the evidence and conduct of the parties, that the oral Management Agreement entitled Curnow Consulting to management fees of $8,000 per month (without variation by agreement in February/March 2012), and 5% commission on all JPD revenue (except that introduced by Sean Anderson), with no further carve outs; that JPD's notice of 28 March 2013 did not validly terminate the Services Agreement for breach, nor had JPD validly terminated the Management Agreement, and in purporting to do so while itself in breach (especially for non-payment of management fees) JPD repudiated both agreements. Curnow Consulting is entitled to damages for wrongful termination, but damages for the...

Court Disposition

Judgment for the plaintiff on liability. Damages, including fees and commissions due, to be assessed at a further quantum hearing. Directions to bring short minutes of order. Leave to apply.

Orders

  • Parties to bring in short minutes of order to give effect to reasons.
  • Parties granted leave to approach associate for a directions hearing for the quantum hearing.