Heard Marketing Pty Ltd v Play MR Pty Ltd [2018] NSWCA 158

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Heard Marketing Pty Ltd v Play MR Pty Ltd [2018] NSWCA 158 Hearing dates: 13 July 2018 Date of orders: 13 July 2018 Decision date: 13 July 2018 Before: Beazley P; Emmett AJA Decision: Leave to appeal refused with costs. Catchwords: CIVIL PROCEDURE – Court of Appeal – leave to appeal – whether primary judge erred in finding respondent did not elect to affirm contract – whether primary judge erred in finding applicant repudiated contract – whether appeal has any prospects of success Category: Principal judgment Parties: Heard Marketing Pty Ltd (Applicant) Play MR Pty Ltd (Respondent) Representation: Counsel: E Chrysostomou (Applicant) M Maconachie (Respondent)

Solicitors: Reuben George Lawyers (Applicant) Legal Vision ILP Pty Ltd (Respondent) File Number(s): 2018/60857 Decision under appeal Court or tribunal: District Court Jurisdiction: Civil Citation: Play MR Pty Ltd v Heard Marketing Pty Ltd [2017] NSWDC 311 Date of Decision: 9 November 2017 Before: Dicker SC DCJ File Number(s): 2016/220105

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]