Tszyu v Fightvision Pty Ltd

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CITATION: TSZYU v FIGHTVISION PTY LTD [2001] NSWCA 103
FILE NUMBER(S): CA 40708/00
HEARING DATE(S): 14 December 2000
JUDGMENT DATE:
18 April 2001

PARTIES :


KONSTANTIN TSZYU v FIGHTVISION PTY LTD & ANOR
JUDGMENT OF: Mason P at 1; Priestley JA at 63; Powell JA at 65
LOWER COURT JURISDICTION : Supreme Court
LOWER COURT
FILE NUMBER(S) :
SC 50073/00
LOWER COURT
JUDICIAL OFFICER :
Hunter J
COUNSEL: Appellant: M R Aldridge SC/P Coleman
Respondent: FS McAlary SC/AS Bell
SOLICITORS: Appellant: Benjamin & Khoury
Respondent: Back Schwartz Vaughan
CATCHWORDS: Anti-suit injunction - breach of contract - whether proceedings instituted in the Industrial Commission during Supreme Court proceedings constituted an abuse of process - issue estoppel - s106 Industrial Relations Act 1996 - appeal dismissed. D
DECISION: Appeal dismissed with costs




CA 40708/00

MASON P


PRIESTLEY JA


POWELL JA



Konstantin TSZYU v FIGHTVISION PTY LTD & Anor


Mr Tszyu is a boxer. In January 1992 he entered into a written contract with Bill Mordey’s Classic Promotions Pty Ltd. In January 1993 the contract was novated and substituted with a contract between Fightvision, Mr Tszyu and Mr Lewis, a trainer. In the novated contract Mr Tszyu had promised not to box professionally anywhere for three years, and after this, for a further two years at the option of Fightvision. In January 1995 Fightvision exercised the option, extending the term of its contract to 15 January 1997.

In early 1995 Mr Tszyu repudiated the contract. Fightvision began proceedings in the Supreme Court against Mr Tszyu for breach of contract and other companies for having procured Mr Tszyu to breach his contract. Bainton J found against Mr Tszyu, a decision which was later upheld in the Court of Appeal. In November 1999 a bankruptcy notice was served on Mr Tszyu by Fightvision regarding the judgment debt and bankruptcy proceedings were begun in the Federal Court.

On 2 April 1997, the sixth day of the hearing before Bainton J, Mr Tszyu filed a summons in the Industrial Commission (the Commission) seeking relief under the Commission’s powers to declare contracts void or varied - s106 of the Industrial Relations Act 1996 (the Act). The original summons in the Commission sought that the contract as novated and the purportedly exercised option be declared void.

On the seventh day of the hearing, Mr Tszyu applied to Bainton J for an order that the issue of liability be determined as a preliminary matter. Counsel indicated at trial that the Industrial proceedings were intended to safeguard Mr Tszyu’s interests. If Bainton J found against him that a contract had been in place, he would apply in the Commission to have the entitlement varied as the Commission saw fit under s106. Bainton J refused this application twice. Mr Tszyu also applied to Bainton J to defer determination of damages in favour of Fightvision until after the resolution of the Commission proceedings. This was also refused.

In May 2000 the summons in the Commission were amended to include a claim for monetary…

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Details
Case
[2001] NSWCA 103
Decision Date

CaseChat Overview and Summary

The appeal concerned a dispute between Tim Tszyu and Fightvision Pty Ltd. Tszyu sought an anti-suit injunction to restrain Fightvision from continuing proceedings in the Industrial Commission of New South Wales, arguing these proceedings constituted an abuse of process given the existence of separate proceedings in the Supreme Court of New South Wales. The appeal was heard by Mason P, Priestley and Powell JJA.

The central legal issues before the Court of Appeal were whether the proceedings commenced by Fightvision in the Industrial Commission were an abuse of process, and whether the doctrine of issue estoppel applied to prevent Fightvision from pursuing those proceedings. The Court also considered the implications of section 106 of the *Industrial Relations Act 1996* (NSW) in relation to the dispute.

The Court of Appeal found that the proceedings in the Industrial Commission did not constitute an abuse of process. It reasoned that the issues raised in the Industrial Commission were distinct from those in the Supreme Court and that Fightvision was not attempting to relitigate matters already decided or capable of being decided in the Supreme Court. The Court applied principles relating to abuse of process and issue estoppel, concluding that the requirements for either to apply were not met in this instance.

The appeal was dismissed, and Fightvision was ordered to pay Tszyu's costs.

Orders

Orders of the court

Appeal dismissed with costs

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

Legal Principle Established

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