Global Alliance Network Pty Ltd v Sensis Pty Ltd [2007] NSWCA 163

New South Wales Court of Appeal

CITATION: Global Alliance Network Pty Ltd v Sensis Pty Ltd [2007] NSWCA 163 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 22 June 2007

JUDGMENT DATE: 27 July 2007

JUDGMENT OF: Mason P at 1; Hodgson JA at 2; Tobias JA at 18

DECISION: (a) Appeal allowed with respect to Orders 1, 2, 3 and 5 made by her Honour Judge S J Gibb on 29 September 2006 and dismissed with respect to Order 4; (b) The appellant to pay the respondent the sum of $20,513.90 such judgment to take effect as at 29 September 2006; (c) The appellant to pay the respondent's costs both in the District Court and on the appeal with respect to its cross-claim; (d) The respondent to pay the appellant's costs of the respondent's claim in the District Court and of the appeal with respect thereto but to have with respect to the latter a certificate under the Suitor's Fund Act 1951, if otherwise qualified; (e) Liberty to apply in the first instance to Tobias JA for any variation of orders (c) and (d) above strictly within 14 days of the date hereof if they are affected by any relevant Calderbank offer

CATCHWORDS: CONTRACTS – Oral variation of standard form contracts for advertising – Written contract defines silence as acceptance of provided advertising proofs – Oral agreement on condition precedent to wait for "go ahead" – No agreement as to nature of "go ahead" to be given – Whether the statement "will confirm others later" when accepting one set of advertising proofs constitutes "go ahead" for "other" sets of advertising proofs – Whether silence after advertising proofs received constitutes "go ahead" – EVIDENCE – Whether admissions in a defence to a cross-claim can operate as informal admissions once the defence is superseded without objection by the filing of an amended defence