Nine Network Pty Ltd v Kennedy Miller Television Pty Ltd

The parties to this appeal were Nine Network Pty Ltd (the appellant) and Kennedy Miller Television Pty Ltd (the respondent). The dispute concerned the respondent's claim for damages for breach of contract, arising from the appellant's alleged failure to broadcast a television program titled "The Last Bastion" in accordance with the terms of an agreement between the parties. The appeal was heard in the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether the appellant had breached the broadcasting agreement by failing to broadcast "The Last Bastion" and, if so, what damages were recoverable by the respondent. The court was required to consider the interpretation of the contract, particularly concerning the appellant's obligations and any conditions precedent or subsequent to those obligations.

The Court of Appeal found that the appellant had indeed breached the broadcasting agreement. The court reasoned that the contract imposed a clear obligation on the appellant to broadcast the program, and that the appellant had failed to demonstrate any valid contractual justification for its non-performance. In determining the measure of damages, the court applied the principle of putting the respondent in the position it would have been in had the contract been performed. This involved assessing the loss of profit the respondent would have earned from the broadcast.

The appeal was dismissed, and the appellant was ordered to pay the respondent's costs.