NSW Caselaw
New South Wales Supreme Court
CITATION : CN Presents Pty Ltd v De Vito [2009] NSWSC 388 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 30 and 31 March, 1, 2 and 3 April 2009
JUDGMENT DATE : 13 May 2009
JURISDICTION : Equity Division Commercial List
JUDGMENT OF : Rein J at 1
DECISION : See [102].
CATCHWORDS : CONTRACTS – general contractual principles – whether there was a concluded contract (a management agreement), subject to formal documentation categorisation – whether repudiated by defendant – consideration as to damages if repudiation had been established – whether agreement to establish a business was performed – cross claim for alleged breaches of the management agreement
LEGISLATION CITED : Entertainment Industry Act 1989
CATEGORY : Principal judgment
Baulkham Hills Private Hospital v GR Securities Pty Ltd (1986) 40 NSWLR 622 BP Refinery (Westernport) Pty Ltd v Hastings Shire Council (1977) 180 CLR 266 CASES CITED : DTR Nominees Pty Ltd v Mona Homes Pty Ltd (1978) 138 CLR 423 Masters v Cameron (1954) 91 CLR 353 Secured Income Real Estate (Australia) Ltd v St Martins Investments Pty Ltd (1979) 144 CLR 596 Tasman Capital Pty Ltd v Sinclair [2008] NSWCA 248
CN Presents Pty Ltd (First plaintiff) PARTIES : Robert Malcolm Gardner (Second plaintiff) Constantine Michael Nellis (Third plaintiff) Cosima De Vito (Defendant)
FILE NUMBER(S) : SC 50005/07
COUNSEL : Mr J Cohen (First, second and third plaintiffs) Mr M Secivanovic (Defendant)
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