Mindshare Communications Ltd v Orleans Investments Pty Ltd [2007] NSWSC 1352

Mindshare Communications Ltd v Orleans Investments Pty Ltd [2007] NSWSC 1352

The deed of settlement between the parties, containing broad non-disparagement and non-disclosure obligations, remained operative. The Court found the defendants in breach by communications to clients of the plaintiff that, though not naming MindShare, were directed at its clients regarding rebates and media practices, and were capable of harming its or its related body's reputation. Claims that the deed was voided for misrepresentation or litigation-induced error failed as no reliance was established. No repudiation by the plaintiff was proved. The Court therefore granted permanent injunctive relief as sought.

Parties
Plaintiff: Mindshare Communications Ltd; First Defendant: Orleans Investments Pty Ltd t/as The Orleans Media Consultancy; Second Defendant: Wayne Eckett
Jurisdiction
Australia
Judgment Date
27 November 2007
Procedural Posture
Civil / Final Judgment
Outcome
Plaintiff granted permanent injunctive relief; defendants restrained from further breaches of settlement deed.
Legal Topics
Construction and Interpretation of Contracts, Non Disparagement Clauses, Breach of Contract, Misleading or Deceptive Conduct, Repudiation and Termination, Admissibility of Extrinsic Evidence, Reliance and Inducement
Contracts Trade and Commerce Equity Construction and Interpretation of Contracts Non Disparagement Clauses Breach of Contract Misleading or Deceptive Conduct Repudiation and Termination +2 more

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Parties

Mindshare Communications Ltd

Plaintiff

Orleans Investments Pty Ltd t/as The Orleans Media Consultancy

First Defendant

Wayne Eckett

Second Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether communications by defendants breached settlement deed's proscriptions against derogatory statements and disclosure of information; whether the deed had been repudiated by plaintiff's conduct; whether the deed was procured by misrepresentation or misleading conduct; and whether permanent injunctive relief should be granted.

Ratio Decidendi

The deed of settlement between the parties, containing broad non-disparagement and non-disclosure obligations, remained operative. The Court found the defendants in breach by communications to clients of the plaintiff that, though not naming MindShare, were directed at its clients regarding rebates and media practices, and were capable of harming its or its related body's reputation. Claims that the deed was voided for misrepresentation or litigation-induced error failed as no reliance was established. No repudiation by the plaintiff was proved. The Court therefore granted permanent injunctive relief as sought.

Court Disposition

Plaintiff granted permanent injunctive relief; defendants restrained from further breaches of settlement deed.

Orders

  • Permanent injunction granted restraining defendants from breaching cl 7 and cl 10.1(a) of the settlement deed.