NSW Caselaw
District Court New South Wales
Medium Neutral Citation: MediaCom Australia Pty Ltd v Natvia Pty Ltd [2017] NSWDC 306 Hearing dates: 22, 23, 24 August; 4 and 5 September 2017 Date of orders: 07 September 2017 Decision date: 07 September 2017 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Judgment for the plaintiff in the sum of $209,033.88 being principal of $183,762.17 and interest of $25,271.71. (2) Judgment for the cross-defendant on the cross-claim. (3) Costs of the proceedings reserved. (4) Parties to contact my associate within 14 days with agreed convenient dates in respect of any argument concerning costs. Catchwords: MERCANTILE – contract – alleged partly written and partly oral – breach of contract – advertising – "TARPS" Legislation Cited: Evidence Act 1995, s 48, s 69 Cases Cited: David Securities Pty Ltd v Commonwealth of Australia (1992) 175 CLR 353 McDonald v Dennys Lascelles Ltd (1933) 48 CLR 457 McRae v Commonwealth Disposals Commission (1951) 84 CLR 377 Category: Principal judgment Parties: MediaCom Australia Pty Ltd (ABN 37 000 421 018) (plaintiff/cross-defendant) Natvia Pty Ltd (ACN 139 748 575) (defendant/cross-claimant) Representation: Counsel: Mr G Fredericks (plaintiff/cross-defendant) Mr J Castelan (defendant/cross-claimant)
Solicitors: Norton Rose Fulbright Australia (plaintiff/cross-defendant) Parkston Lawyers (defendant/cross-claimant) File Number(s): 2016/163527 Publication restriction: None
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