New Zealand Cricket (Incorporation) v Neo Sports Broadcast PVT Ltd & Anor [2016] EWHC 3615 (Comm) (02 December 2016)

New Zealand Cricket (Incorporation) v Neo Sports Broadcast PVT Ltd & Anor [2016] EWHC 3615 (Comm) (02 December 2016)

The defendants failed to comply with their payment and security obligations under the Media Rights Agreement, and their alleged defences regarding discussions with third parties are legally and factually unsustainable. The claimant is entitled to summary judgment for the outstanding debt and interest, and damages to be assessed.

Citation
[2016] EWHC 3615 (Comm)
Parties
Claimant: New Zealand Cricket (Incorporation); 1st Defendant: Neo Sports Broadcast PVT Limited; 2nd Defendant: Nimbus Communications Limited
Jurisdiction
England and Wales
Judgment Date
02 December 2016
Procedural Posture
Commercial Claim / Summary Judgment Application
Outcome
Summary judgment granted for outstanding debt and interest; judgment for damages to be assessed.
Legal Topics
Media Rights Agreement, Guarantee, Summary Judgment, Relief From Sanctions
Contract Law Commercial Law Media Rights Agreement Guarantee Summary Judgment Relief From Sanctions

Case Brief

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Parties

New Zealand Cricket (Incorporation)

Claimant

Neo Sports Broadcast PVT Limited

1st Defendant

Nimbus Communications Limited

2nd Defendant

Procedural Posture

Commercial Claim / Summary Judgment Application

Legal Issues

  1. 1 Whether the defendants breached the Media Rights Agreement by failing to pay the licence fee and provide a letter of credit
  2. 2 Whether discussions with third parties constituted a breach of exclusivity or good faith provisions
  3. 3 Whether the claimant is entitled to summary judgment for the outstanding debt and interest

Ratio Decidendi

The defendants failed to comply with their payment and security obligations under the Media Rights Agreement, and their alleged defences regarding discussions with third parties are legally and factually unsustainable. The claimant is entitled to summary judgment for the outstanding debt and interest, and damages to be assessed.

Court Disposition

Summary judgment granted for outstanding debt and interest; judgment for damages to be assessed.

Orders

  • Summary judgment for US$8,729,650 plus contractual interest of US$1,412,110
  • Judgment for damages to be assessed