AMW Promotions Pty Ltd v Diek [2015] NSWDC 222

District Court New South Wales

Medium Neutral Citation: AMW Promotions Pty Ltd v Diek [2015] NSWDC 222 Hearing dates: 17 August 2015 Date of orders: 18 August 2015 Decision date: 18 August 2015 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Judgment for the plaintiff in the sum of $21,518.08. (2) No order as to costs. Catchwords: DAMAGES – assessment – summary judgment – two alleged contracts – breach of contract – failure to grant "right of first option" – prospect of acceptance – likely profits – costs Legislation Cited: Uniform Civil Procedure Rules 2005, r 13.1, r 42.35 Cases Cited: Codelfa Construction Pty Ltd v State Rail Authority of NSW (1982) 149 CLR 337 Goldmaster Homes P/L & Anor v Johnson & Ors [2004] NSWCA 144 Masters v Cameron (1954) 91 CLR 353 RT & YE Falls Investments Pty Ltd v The State of New South Wales and Ors [2001] NSWSC 1027 Category: Principal judgment Parties: AMW Promotions Pty Ltd (plaintiff) Ali Diek (defendant) Representation: Counsel: Mr C Robinson (plaintiff)

Solicitors: Cambridge Law (plaintiff) File Number(s): 2014/117291 Publication restriction: None

Judgment 1. AMW Promotions Pty Ltd ("AMW") is a promotions company. It promoted concerts by the defendant, Ali Diek, in 2012 pursuant to a written contract. AMW sues Mr Diek for conduct in breach of that contract and for breach of an alleged oral contract said to have occurred in 2014. 2. On 19 June 2015 the defence of Mr Diek was struck out by this Court and summary judgment under r 13.1 of the Uniform Civil Procedure Rules 2005 was entered for the plaintiff. The matter is before the Court for the assessment of damages. There was no appearance by Mr Diek and the matter proceeded ex parte. The issues in this assessment are: 1. On what causes of action has AMW succeeded; and 2. What are the damages that result from these causes of action.