Curnow Consulting Pty Limited v JPD Media and Design Pty Ltd t/a Durie Design (No. 2) [2018] NSWSC 28

Supreme Court New South Wales

Medium Neutral Citation: Curnow Consulting Pty Limited v JPD Media and Design Pty Ltd t/a Durie Design (No. 2) [2018] NSWSC 28 Hearing dates: 12 October, 4 December and 12 December 2017 Date of orders: 01 February 2018 Decision date: 01 February 2018 Jurisdiction: Equity Before: Slattery J Decision: The issues of principle relating to the assessment of damages are decided as follows: (1) Yes; (2) Yes but there should be an adjustment in Curnow Consulting's favour of $10,909.90; and (3) No, for Diversified and yes, for VME. Directions given for the parties to attempt to agree upon the balance of the calculation of damages. Catchwords: DAMAGES - action for breach of contract - separate hearing on damages - assessment of quantum of damages - proper measure of plaintiff's loss – parties seek the determination of three issues of principle so they can calculate the final quantum of damages: (1) is the contract between JPD and Channel 9 within the Sean Anderson carve-out provided for under the terms of the Management Agreement; (2) should certain otherwise unallocated payments made by JPD to Curnow Consulting be credited to JPD against Curnow Consulting's claim for damages; and (3) has Curnow Consulting proved its loss with respect to two small commission claims where the evidence is incomplete. The Court will now deal with each of these questions in turn. Cases Cited: Curnow Consulting Pty Limited v JPD Media and Design Pty Ltd t/a Durie Design [2017] NSWSC 1171 Luna Park (NSW) Ltd v Tramways Advertising Pty Ltd (1938) 61 CLR 286 Waribay Pty Ltd v Minter Ellison (1991) VR 391 Category: Consequential orders (other than Costs) Parties: Plaintiff: Curnow Consulting Pty Limited ABN 76086618779 First Defendant: JPD Media & Design Pty Limited trading as Durie Design Second Defendant: Jamie Paul Durie Representation: Counsel: Plaintiff: Mr L. Gor First and Second Defendants: B. McClintock SC, D. Neggo