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

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

The appellant's proposed unequal contribution based on relative culpability or personal disadvantage was not available under the general equitable law of contribution in New South Wales; if contribution was to be ordered it had to be equal. The possible continuing claim by the principal creditor against the appellant did not justify reducing the amount found by the Master, because any further liability and payment could be addressed, if necessary, by a later cross-suit for contribution. The amended notice of motion was therefore dismissed with costs.

Jurisdiction
Australia
Judgment Date
30 November 2000
Procedural Posture
Equity Appeal From a Decision of Master Mc Laughlin Concerning Contribution / Amended Notice of Motion Filed by the Appellant After the Appeal Was Lodged and Partially Decided
Outcome
Amended notice of motion dismissed with costs.
Legal Topics
['contribution Between Co Obligors' 'equal Contribution' 'further Evidence on Appeal' 'withdrawal of Admissions' 'costs']
['equity' 'restitution' 'civil Procedure'] ['contribution Between Co Obligors' 'equal Contribution' 'further Evidence on Appeal' 'withdrawal of Admissions' 'costs']

Case Brief

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Procedural Posture

Equity Appeal From a Decision of Master Mc Laughlin Concerning Contribution / Amended Notice of Motion Filed by the Appellant After the Appeal Was Lodged and Partially Decided

Legal Issues

  1. 1 ['Whether further evidence should be admitted to support a possible finding that contribution between the plaintiff and the defendant should be unequal.' 'Whether the amount found due by the Master should be reduced because the appellant may still be liable to the principal creditor for $767,269.20.' 'Whether the appellant should be permitted to withdraw admissions, whether special grounds were needed to adduce further evidence, and whether any such grounds existed.']

Ratio Decidendi

The appellant's proposed unequal contribution based on relative culpability or personal disadvantage was not available under the general equitable law of contribution in New South Wales; if contribution was to be ordered it had to be equal. The possible continuing claim by the principal creditor against the appellant did not justify reducing the amount found by the Master, because any further liability and payment could be addressed, if necessary, by a later cross-suit for contribution. The amended notice of motion was therefore dismissed with costs.

Court Disposition

Amended notice of motion dismissed with costs.

Orders

  • ['The amended notice of motion is dismissed with costs.' 'Judgment is to be entered in accordance with the reasons of 24 August 2000.' 'The order for costs includes the costs of the proceedings, including the costs of the amended notice of motion.']