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

Supreme Court New South Wales

Medium Neutral Citation: Seven Network (Operations) Limited -v- Melanie Brown [2013] NSWSC 372 Hearing dates: 3, 4, 5, 8, 9 & 10 April 2013 Decision date: 18 April 2013 Jurisdiction: Equity Division - Commercial List Before: Hammerschlag J Decision: The plaintiff is entitled to final injunctive relief Catchwords: CONTRACT - contract for services - formation - intention to create legally binding relations - where a written contract under which the defendant Artist was to provide her exclusive services to the plaintiff television station gave the station an option to extend the contract for a year - where the option was exercised on different terms to those contained in the written agreement after oral discussions between the parties - whether there was a binding oral agreement - whether the option was validly exercised - TERMINATION OF CONTRACT - whether subsequent oral discussions resulted in a binding agreement to terminate the written contract as extended - whether there was some other oral variation of contract - RELIEF - whether an injunction should be granted restraining the Artist from performing similar services in Australia for any person other than the plaintiff Cases Cited: Sagacious Procurement Pty Ltd v Symbion Health Ltd [2008] NSWCA 149 Ermogenous v Greek Orthodox Community of SA Inc (2002) 209 CLR 95 Australian Broadcasting Corporation v XIVth Commonwealth Games Limited (1988) 18 NSWLR 540 Air Great Lakes Pty Ltd v K S Easter (Holdings) Pty Ltd (1985) 2 NSWLR 309 Massoud v NRMA Insurance Ltd (1995) 8 ANZ Insurance Cases ¶61-257 (75,873) DTR Nominees Pty Ltd v Mona Homes Pty Ltd (1978) 138 CLR 423 Curro v Beyond Productions Pty Ltd (1993) 30 NSWLR 337 Texts Cited: Michael Furmston and G J Tolhurst Contract Formation: Law and Practice (2010) Oxford University Press N C Seddon, R A Bigwood, M P Ellinghaus Cheshire and Fifoot Law of Contract, 10th Aust ed (2012) LexisNexis Butterworths Category: Principal judgment 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 Representation: Counsel: A.J. Sullivan QC with P. Herzfeld - Plaintiff T.D. Blackburn SC with A. d'Arville - First and Second Defendants P.J. Brereton SC with V.E. Whittaker - Third Defendant Solicitors: Addisons - Plaintiff Baker & McKenzie - First and Second Defendants Gilbert + Tobin - Third Defendant File Number(s): 2013/85575