Seven Network (Operations) Limited -v- Melanie Brown [2013] NSWSC 372

Seven Network (Operations) Limited -v- Melanie Brown [2013] NSWSC 372

The exercise of the option by Seven and the communications culminating in the December 2012 letter constituted a binding agreement, with no later mutual termination or discharge being established; Mel remains contractually bound not to perform television services in Australia for entities other than Seven for the option period, and Seven is entitled to final injunctive relief restraining breach of that obligation.

Parties
Plaintiff: Seven Network (Operations) Limited ACN 052 845 262; First Defendant: Melanie Brown; Second Defendant: Osiris Inc; Third Defendant: Nine Network Australia Pty Limited
Jurisdiction
Australia
Judgment Date
18 April 2013
Procedural Posture
Principal Judgment / Final Hearing – Application for Final Injunctive Relief
Outcome
Plaintiff entitled to final injunctive relief
Legal Topics
Contract Formation, Intention to Create Legal Relations, Option to Extend Contract, Variation and Termination of Contract, Restraint of Trade, Injunctive Relief
Contract Law Equity Contract Formation Intention to Create Legal Relations Option to Extend Contract Variation and Termination of Contract Restraint of Trade Injunctive Relief

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Parties

Seven Network (Operations) Limited ACN 052 845 262

Plaintiff

Melanie Brown

First Defendant

Osiris Inc

Second Defendant

Nine Network Australia Pty Limited

Third Defendant

Procedural Posture

Principal Judgment / Final Hearing – Application for Final Injunctive Relief

Legal Issues

  1. 1 Whether a binding agreement was formed by exercise of the contractual option and subsequent oral discussions
  2. 2 Whether the option under the agreement was validly exercised and the option period commenced
  3. 3 Whether subsequent dealings resulted in a binding contract to terminate or vary the agreement as extended

Ratio Decidendi

The exercise of the option by Seven and the communications culminating in the December 2012 letter constituted a binding agreement, with no later mutual termination or discharge being established; Mel remains contractually bound not to perform television services in Australia for entities other than Seven for the option period, and Seven is entitled to final injunctive relief restraining breach of that obligation.

Court Disposition

Plaintiff entitled to final injunctive relief

Orders

  • Seven is entitled to injunctive relief restraining Melanie Brown from providing her services in Australia for any person other than Seven prior to 31 January 2014.
  • Parties are to bring in Short Minutes of Order and will be heard on costs.