Nova 96.9 Pty Ltd v Natvia Pty Ltd [2019] NSWSC 791

Nova 96.9 Pty Ltd v Natvia Pty Ltd [2019] NSWSC 791

The Nova Companies established, by affidavit evidence and Natvia's admissions, that Natvia entered into the Credit Agreement and Advertising Agreement, received advertising services, was invoiced for those services, made only part payment, and remained indebted for the unpaid balances. Natvia's pleaded defences and Cross-Claim based on alleged representations or collateral contract failed because Natvia led no evidence and made no submissions. The contractual costs provisions entitled the Nova Companies to indemnity costs, including costs of the Cross-Claim.

Jurisdiction
Australia
Judgment Date
26 June 2019
Procedural Posture
Contract Claim for Amounts Invoiced for Radio Advertising Services / Principal Judgment After Hearing; Defendant Did Not Appear and Its Amended Cross Claim Was Dismissed
Outcome
Judgment for the First, Second and Third Plaintiffs against the Defendant; Amended Cross-Claim dismissed; Defendant ordered to pay the Plaintiffs' costs on an indemnity basis.
Legal Topics
['breach of Contract' 'damages for Unpaid Invoices' 'advertising Services Agreement' 'credit Agreement' 'cross Claim Dismissed for Want of Evidence' 'indemnity Costs']
['contract' 'civil Procedure' 'costs'] ['breach of Contract' 'damages for Unpaid Invoices' 'advertising Services Agreement' 'credit Agreement' 'cross Claim Dismissed for Want of Evidence' 'indemnity Costs']

Case Brief

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Procedural Posture

Contract Claim for Amounts Invoiced for Radio Advertising Services / Principal Judgment After Hearing; Defendant Did Not Appear and Its Amended Cross Claim Was Dismissed

Legal Issues

  1. 1 ['Whether Natvia was liable to the Nova Companies for unpaid amounts invoiced for radio advertising services provided between February 2016 and June 2016.' "Whether Natvia's pleaded misleading and deceptive conduct or collateral contract defence and Cross-Claim could be established without evidence." 'Whether the Nova Companies were entitled to recover costs, including costs of the Cross-Claim, on an indemnity basis under the relevant agreements.']

Ratio Decidendi

The Nova Companies established, by affidavit evidence and Natvia's admissions, that Natvia entered into the Credit Agreement and Advertising Agreement, received advertising services, was invoiced for those services, made only part payment, and remained indebted for the unpaid balances. Natvia's pleaded defences and Cross-Claim based on alleged representations or collateral contract failed because Natvia led no evidence and made no submissions. The contractual costs provisions entitled the Nova Companies to indemnity costs, including costs of the Cross-Claim.

Court Disposition

Judgment for the First, Second and Third Plaintiffs against the Defendant; Amended Cross-Claim dismissed; Defendant ordered to pay the Plaintiffs' costs on an indemnity basis.

Orders

  • ['Judgment for the First Plaintiff against the Defendant in the sum of $60,589.10 inclusive of interest up to Judgment and GST.' 'Judgment for the Second Plaintiff against the Defendant in the sum of $49,994.30 inclusive of interest up to Judgment and GST.' 'Judgment for the Third Plaintiff against the Defendant in...