Media Niugini Ltd t/as EMTV v International Management Group of America Pty Ltd

[2023] NSWCA 33

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Appeal
2. › Scope of appeals
3. › New point taken on appeal
4. › Principle of finality
5. › Where appellant did not raise questions of construction at first instance
6. › Whether construction of contract may be raised on appeal under guise of procedural fairness
1. Appeal
2. › Practice and procedure
3. › Procedural fairness
4. › Duty to inform parties of proposed departure from basis upon which case is conducted
5. › Where trial judge said to have adopted construction of commercial contract different from those proffered by parties
6. › Whether failure to alert parties to proposed construction was procedurally unfair
7. › Whether trial judge actually decided proper construction of contract
1. Contract
2. › Formation
3. › Completeness of agreement
4. › Whether binding contract existed notwithstanding alleged uncertainty as to important terms
5. › Whether court may find contract exists without determining precise construction of all terms

Quick Take

A trial judge has no obligation to alert parties to a proposed departure from the basis on which the case is conducted regarding ancillary matters of construction where the principal issue is the existence of the contract, and failure to raise available construction arguments at trial precludes raising them on appeal.