NINE NETWORK PTY LTD v KENNEDY MILLER TELEVISION PTY LTD [1994] NSWCA 235

NINE NETWORK PTY LTD v KENNEDY MILLER TELEVISION PTY LTD [1994] NSWCA 235

The appeal was properly from the decision of the trial judge adopting the referee’s report. An appellant must show a material error (whether of law, fact, or discretion) on the part of the judge in adopting the referee’s report; it is not sufficient to show error by the referee alone. No such error on the part of the judge was established, and no error of principle was shown in the damages assessment or mitigation findings.

Parties
Appellant: Nine Network Pty Ltd; Respondent: Kennedy Miller Television Pty Ltd
Jurisdiction
Australia
Judgment Date
08 June 1994
Procedural Posture
Appeal / Appeal From Decision of Judge Adopting Referee’s Report on Damages Assessment
Outcome
Appeal dismissed with costs
Legal Topics
Reference to Referee, Appeals From Referee’s Report, Damages for Breach of Contract, Mitigation of Damages
Practice and Procedure Contracts Reference to Referee Appeals From Referee’s Report Damages for Breach of Contract Mitigation of Damages

Case Brief

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Parties

Nine Network Pty Ltd

Appellant

Kennedy Miller Television Pty Ltd

Respondent

Procedural Posture

Appeal / Appeal From Decision of Judge Adopting Referee’s Report on Damages Assessment

Legal Issues

  1. 1 Nature and scope of appeal from a judgment adopting a referee's report under Pt72 Supreme Court Rules
  2. 2 Whether errors of fact or law alleged in the referee’s report are sufficient to vitiate the adopting judge’s decision on appeal
  3. 3 Principles and approach to quantification of damages for breach of contract, including assessment of loss for foreign market sales

Ratio Decidendi

The appeal was properly from the decision of the trial judge adopting the referee’s report. An appellant must show a material error (whether of law, fact, or discretion) on the part of the judge in adopting the referee’s report; it is not sufficient to show error by the referee alone. No such error on the part of the judge was established, and no error of principle was shown in the damages assessment or mitigation findings.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Appellant to pay the respondent's costs