Curnow Consulting Pty Limited v JPD Media and Design Pty Ltd t/a Durie Design (No. 2)

In the case of Curnow Consulting Pty Limited v JPD Media and Design Pty Ltd t/a Durie Design (No. 2), the dispute arose from a breach of contract, and the Federal Circuit and Family Court of Australia was tasked with determining the quantum of damages owed. The plaintiff, Curnow Consulting, sought damages for alleged breaches of a Management Agreement by the defendant, JPD Media and Design. The case involved a separate hearing to assess the amount of damages owed, focusing on three key issues of principle necessary for calculating the final quantum of damages.

The legal issues before the court were whether the contract between JPD and Channel 9 fell within the Sean Anderson carve-out provided under the terms of the Management Agreement, whether certain payments made by JPD to Curnow Consulting should be credited against Curnow Consulting’s claim for damages, and whether Curnow Consulting had sufficiently proved its loss concerning two small commission claims where the evidence was incomplete. These issues were critical to ascertaining the correct amount of damages due.

The court addressed these issues in turn. Firstly, it was determined that the contract between JPD and Channel 9 did not fall within the Sean Anderson carve-out. Secondly, the court held that certain payments made by JPD to Curnow Consulting should be credited against Curnow Consulting’s claim for damages. Finally, regarding the two small commission claims, the court found that Curnow Consulting had not proved its loss with the available evidence. Consequently, the court ruled in favour of JPD on these points, impacting the calculation of the final quantum of damages.

The court ordered that the contract between JPD and Channel 9 was not within the Sean Anderson carve-out, that certain payments should be credited to JPD against Curnow Consulting’s claim, and that Curnow Consulting had not proved its loss for the two small commission claims. These findings were pivotal in determining the final quantum of damages owed by JPD to Curnow Consulting.