Play Mr Pty Ltd v Heard Marketing Pty Ltd

The case of Play Mr Pty Ltd v Heard Marketing Pty Ltd involved a dispute between two companies regarding the terms of a contract and whether there was a breach of that contract. The plaintiff, Play Mr Pty Ltd, sought damages from the defendant, Heard Marketing Pty Ltd, for alleged breaches of contract. The matter was heard in the Supreme Court of New South Wales. The central issue in the case was whether a handwritten notation on a contract was part of the contractual terms. Additionally, the court had to determine if there was a breach of contract by the defendant, whether such breach was of an essential term, whether the contract was varied, affirmed, or terminated by the plaintiff, and if so, what damages were owed for the breach.

The court examined the evidence and found that the handwritten notation was indeed part of the contract terms. The defendant had breached the contract by failing to fulfil certain obligations. The breach was of an essential term, leading to the contract being terminated by the plaintiff. The court concluded that the contract was not varied or affirmed and that the plaintiff was entitled to damages for the breach. The court calculated the damages to be awarded to the plaintiff based on the terms of the contract and the losses incurred.

The court ordered that judgment be given in favour of the plaintiff on the Statement of Claim and the Amended Cross-Claim, which was dismissed. The defendant was ordered to pay the plaintiff's costs of the proceedings. The parties were granted liberty to apply to vary the costs order. They were also instructed to bring in short minutes of order within seven days, setting out the damages to be awarded to the plaintiff, including any claim for interest. The exhibits were to be returned after 28 days. This decision provided clarity on the contractual obligations of both parties and the consequences of breaching those obligations.