Sky Channel Pty Ltd v Tszyu [2000] NSWSC 838

Sky Channel Pty Ltd v Tszyu [2000] NSWSC 838

Liabilities arising respectively in tort and contract may be co-ordinate liabilities for the equitable purpose of contribution, and the respondent is entitled to recover contribution from the appellant for half of the payment made to discharge the shared judgment debt owed to Fightvision.

Jurisdiction
Australia
Judgment Date
24 August 2000
Procedural Posture
Appeal / Post Summary Judgment
Outcome
Appeal dismissed
Legal Topics
['contribution' 'co Ordinate Liability' 'tort and Contract Judgments']
['equity'] ['contribution' 'co Ordinate Liability' 'tort and Contract Judgments']

Case Brief

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Procedural Posture

Appeal / Post Summary Judgment

Legal Issues

  1. 1 ['Whether a plaintiff liable in tort can recover contribution from a defendant liable in contract for the same amount to a third party' 'Whether liabilities arising from tort and contract can be co-ordinate liabilities warranting contribution']

Ratio Decidendi

Liabilities arising respectively in tort and contract may be co-ordinate liabilities for the equitable purpose of contribution, and the respondent is entitled to recover contribution from the appellant for half of the payment made to discharge the shared judgment debt owed to Fightvision.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed with costs' 'Orders not to be formally entered for 14 days']