Nova 96.9 Pty Ltd v Natvia Pty Ltd [2019] NSWSC 791

Supreme Court New South Wales

Medium Neutral Citation: Nova 96.9 Pty Ltd v Natvia Pty Ltd [2019] NSWSC 791 Hearing dates: 19 June 2019 Decision date: 26 June 2019 Jurisdiction: Equity - Corporations List Before: Black J Decision: Judgment for the Nova Companies in the specified amounts. Order that the Defendant pay the Nova Companies' costs on an indemnity basis, as agreed or as assessed. Catchwords: CONTRACT – breach of contract – damages. Legislation Cited: - Civil Procedure Act 2005 (NSW) s 100 Cases Cited: - Maher v Network Finance Limited (1986) 4 NSWLR 694 Category: Principal judgment Parties: Nova 96.9 Pty Ltd (First Plaintiff) Nova 106.9 Pty Ltd (Second Plaintiff) Nova 100 Pty Ltd (Third Plaintiff) Natvia Pty Ltd (Defendant) Representation: Counsel: C Alexander (Plaintiffs) No appearance (Defendant)

Solicitors: CCSG Legal (Plaintiffs) File Number(s): 2016/302220

Judgment 1. By Further Amended Statement of Claim filed on 17 September 2018, the Plaintiffs, Nova 96.9 Pty Ltd, Nova 106.9 Pty Ltd and Nova 100 Pty Ltd ("Nova Companies") bring a claim to recover amounts invoiced to the Defendant, Natvia Pty Ltd ("Natvia") in respect of radio advertising services. It is uncontroversial that the Nova Companies are wholly owned subsidiaries of Nova Entertainment Pty Ltd ("Nova Entertainment") and operate radio stations and broadcast radio advertising, including commercial advertising. Natvia is or was in the business of selling artificial sweetener products and goods. 2. These proceedings were originally listed for hearing in the District Court of New South Wales and that hearing was vacated when an issue arose as to the jurisdiction of that Court to hear commercial matters, which has since been remedied; the proceedings were then listed for hearing in this Court in March 2019, and the proceedings were again vacated when Natvia's solicitors sought leave to withdraw immediately prior to the hearing and, after that leave was declined, Natvia terminated their retainer. The proceedings were again listed to be heard for 3 days commencing on 19 June 2019, but Natvia did not comply with the Court's directions in respect of service of submissions or objections to evidence; did not appear at the hearing or read any evidence in defence of the proceedings or in support of its Cross-Claim.