Fightvision Pty Ltd v Onisforou

Fightvision Pty Ltd appealed to the Court of Appeal of New South Wales against a decision of Bainton J concerning alleged breaches of contract and procurement of breaches of contract. The dispute involved a boxing promoter, Fightvision, and several other parties, including boxers, managers, and broadcasting entities, relating to agreements for boxing matches.

The Court of Appeal was required to determine, among other issues, whether there had been a novation of contracts, the proper construction of an option to renew a contract, and whether certain parties had procured breaches of contract by others. The court also considered the principles for assessing damages for future economic loss, including the allowance for the probability of hypothetical future events.

The Court of Appeal found that the appeals against Mr Onisforou and Mr Fenech should be dismissed. However, the appeals against Mr Warton, Tszyu Enterprises, and Sky Channel were allowed. The court set aside the orders dismissing the claims against these respondents and the order that Fightvision pay their costs. Judgment was entered for Fightvision against Sky Channel for $7,310,445, with that order taking effect on 27 March 1998. A new trial was ordered for the proceedings against Mr Warton and Tszyu Enterprises, with directions regarding costs and the possibility of a certificate under the Suitors Fund Act 1951 for certain respondents.