TSZYU V FIGHTVISION PTY LTD [1999] NSWCA 323
Court of Appeal of NSW – 13 September 1999
FACTS
Tszyu, a boxer, and his trainer, Lewis entered into a written contract for three years with an option of two years. The contract was signed in January 1992 with Classic Promotions the promoter of Tszyu. In November 1992, Classic Promotions ceased trading and Mordey, the principal of Classic promotions, set up Fightvision to carry on the boxing promotion business.
Mordey claimed that the original contract had been novated by discharge after discussions with Tszyu and Lewis and a new contract between Fightvision, Tszyu and Lewis had been created.
In January 1995, Fightvision purported to exercise the option for two years. Tszyu refused to continue the contract and was sued for breach of contract. Fightvision also sued Fenech, another boxer, and others claiming they had induced Tszyu to breach the contract.
ISSUES
Had the contract between Tszyu and Classic promotion been novated or replaced by a new contract?
Had Fenech induced Tszyu to breach the contract with Fightvision?
FINDING
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