New Zealand Cricket (Incorporation) v Neo Sports Broadcast PVT Ltd & Anor

New Zealand Cricket (Incorporation) v Neo Sports Broadcast PVT Ltd & Anor

The defendants failed to pay the sum due and provide the required letter of credit, entitling the claimant to terminate the Agreement and claim the outstanding debt. The alleged breaches by the claimant were not substantiated and, in fact, the discussions with third parties were instigated by Neo Sports. The defendants have no real prospect of defending the claim, and summary judgment is appropriate.

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 (contract/debt) / Summary Judgment Application
Outcome
Summary judgment granted for debt and interest; judgment for damages to be assessed.
Legal Topics
Summary Judgment, Breach of Contract, Guarantee Liability, Relief From Sanctions
Contract Law Commercial Law Summary Judgment Breach of Contract Guarantee Liability Relief From Sanctions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

New Zealand Cricket (Incorporation)

Claimant

Neo Sports Broadcast PVT Limited

1st Defendant

Nimbus Communications Limited

2nd Defendant

Procedural Posture

Commercial Claim (contract/debt) / Summary Judgment Application

Legal Issues

  1. 1 Whether the claimant is entitled to summary judgment for the outstanding debt and interest under the Media Rights Agreement
  2. 2 Whether the defendants have any real prospect of defending the claim
  3. 3 Whether the stay of proceedings should be lifted under CPR 15.11

Ratio Decidendi

The defendants failed to pay the sum due and provide the required letter of credit, entitling the claimant to terminate the Agreement and claim the outstanding debt. The alleged breaches by the claimant were not substantiated and, in fact, the discussions with third parties were instigated by Neo Sports. The defendants have no real prospect of defending the claim, and summary judgment is appropriate.

Court Disposition

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

Orders

  • Summary judgment for US$8,729,650 plus interest of US$1,412,110 as at 2 December 2016
  • Judgment for damages to be assessed