Sky Channel Pty Limited v Tszyu (No 2) [2000] NSWSC 1150

New South Wales Supreme Court

CITATION : Sky Channel Pty Limited v Tszyu (No 2) [2000] NSWSC 1150 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 1175/2000 HEARING DATE(S) : 30/11/2000 JUDGMENT DATE : 30 November 2000

PARTIES : Sky Channel Pty Limited (Plaintiff/Respondent) Konstantin Tszyu (Defendant/Appellant) JUDGMENT OF : Young J

LOWER COURT Supreme Court JURISDICTION : LOWER COURT 1175/2000 FILE NUMBER(S) : LOWER COURT Master McLaughlin JUDICIAL OFFICER :

COUNSEL : P M Wood (Plaintiff/Respondent) M Aldridge SC and B Morris (Defendant/Appellant) SOLICITORS : Verekers (Plaintiff/Respondent) Benjamin & Khoury (Defendant/ Appellant) CATCHWORDS : EQUITY [13]- Contribution- Whether unequal contribution available at general law- Held not. LEGISLATION CITED : Law Reform (Miscellaneous Provisions) Act 1946, s 5 Albion Insurance Co Ltd v Government Insurance Office (NSW) (1969) 121 CLR 342 Bahin v Hughes (1886) 31 Ch D 390 CASES CITED : Burke v LFOT Pty Ltd (2000) FCA 1155 Goodwin v Duggan (1996) 41 NSWLR 158 Morgan Equipment Co v Rodgers (1993) 32 NSWLR 467 Robinson v Campbell (No 2) (1992) 30 NSWLR 503 DECISION : See para 19.

THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

YOUNG J

THURSDAY 30 NOVEMBER 2000

1175/2000 - SKY CHANNEL PTY LIMITED v TSZYU (NO 2)

JUDGMENT 1 HIS HONOUR: This is an amended notice of motion to deal with problems that have arisen after the appeal in this matter was lodged and partially decided. 2 The underlying facts are set out in my judgment of 24 August 2000, which was a judgment on appeal from a decision of Master McLaughlin. 3 There are three issues that have been ventilated under the amended notice of motion which was filed by the appellant on 31 October 2000. These are, in summary: