I would've thought this is content they've already paid for.
Or, if not yet paid for given the delays in delivery, then somehow contracted to provide in that Foxtel is contracted to deliver 'Super Rugby' in 2020.
Nonetheless it may be that Foxtel lawyers had this game format deviant scenario covered in the 2015 contracts and given that there will of necessity be so many changes to Super Rugby 2020 they are able to decline to screen and pay any party unless they wish to under an entirely new negotiation.
I would be especially surprised if they did not screen NZ Super Rugby 2020 version as:
- no production or many other direct costs to Foxtel unlike Aust-based Super R (unless SKY Sports were trying to overcharge for transmission rights)
- large Kiwi rugby viewing population in Aust
- full live crowds
- they'd know there would be higher than normal viewership given pent up demand and so advertising likely to cover and more their comparatively small costs
If Foxtel do decline to broadcast NZ Super, I think we can take that as a proxy somewhat for its very low appetite to secure a version of Aust pro rugby in 2021.