Curnow Consulting Pty Limited v JPD Media and Design Pty Ltd t/a Durie Design (No. 2) [2018] NSWSC 28

Curnow Consulting Pty Limited v JPD Media and Design Pty Ltd t/a Durie Design (No. 2) [2018] NSWSC 28

The Channel 9 contract was introduced by Mr Sean Anderson and thus falls within the carve-out for commission; unallocated payments from JPD to Curnow Consulting should be credited against claimed amounts, but an adjustment for proven expenses ($10,909.90) should be made; Curnow Consulting failed to prove entitlement on the Diversified commission claim but succeeded on the VME claim as there was enough evidence to infer no involvement by Sean Anderson.

Parties
Plaintiff: Curnow Consulting Pty Limited; First Defendant: JPD Media & Design Pty Limited t/a Durie Design; Second Defendant: Jamie Paul Durie
Jurisdiction
Australia
Judgment Date
01 February 2018
Procedural Posture
Damages Hearing (breach of Contract) / Separate Hearing on Quantum, Post Liability Judgment
Outcome
Issues of principle on damages resolved as outlined; parties to calculate balanced quantum in accordance with Court’s findings; case adjourned for further directions.
Legal Topics
Damages Assessment, Breach of Contract, Commission Entitlements, Proof of Loss
Equity Contract Law Damages Assessment Breach of Contract Commission Entitlements Proof of Loss

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Parties

Curnow Consulting Pty Limited

Plaintiff

JPD Media & Design Pty Limited t/a Durie Design

First Defendant

Jamie Paul Durie

Second Defendant

Procedural Posture

Damages Hearing (breach of Contract) / Separate Hearing on Quantum, Post Liability Judgment

Legal Issues

  1. 1 Whether the JPD-Channel 9 contract is within the Sean Anderson carve-out under the Management Agreement
  2. 2 Whether unallocated payments made by JPD to Curnow Consulting should be credited against Curnow Consulting's claim for damages
  3. 3 Whether Curnow Consulting proved loss with respect to small commission claims for Diversified and VME

Ratio Decidendi

The Channel 9 contract was introduced by Mr Sean Anderson and thus falls within the carve-out for commission; unallocated payments from JPD to Curnow Consulting should be credited against claimed amounts, but an adjustment for proven expenses ($10,909.90) should be made; Curnow Consulting failed to prove entitlement on the Diversified commission claim but succeeded on the VME claim as there was enough evidence to infer no involvement by Sean Anderson.

Court Disposition

Issues of principle on damages resolved as outlined; parties to calculate balanced quantum in accordance with Court’s findings; case adjourned for further directions.

Orders

  • Direct the parties to bring in agreed short minutes of order including calculations of quantum of damages due by JPD to Curnow Consulting.
  • Adjourn the quantum hearing to 8 March 2018 for further directions.