Heard Marketing Pty Ltd v Play MR Pty Ltd

Heard Marketing Pty Ltd (applicant) sought leave to appeal from a decision of the primary judge in the Supreme Court of New South Wales, which found that Play MR Pty Ltd (respondent) had not elected to affirm a contract and that the applicant had repudiated it.

The Court of Appeal was required to determine whether the primary judge had erred in these findings, and crucially, whether the proposed appeal had any real prospects of success.

Beazley P and Emmett AJA refused leave to appeal, concluding that the appeal did not have any prospects of success. The court implicitly upheld the primary judge's findings regarding the non-affirmation of the contract by the respondent and the repudiation by the applicant.

Leave to appeal was refused with costs.