1st step in getting SBW back to Aus

[humpy]

http://www.news.com.au/dailytelegraph/story/0,22049,24087459-5001021,00.html

RENEGADE NRL star Sonny Bill Williams has been issued with a subpoena to face the NSW Supreme Court court next Tuesday.

The subpoena is the first step in the Bulldogs' bid to impose an injunction on Williams, preventing him from taking up an offer to play in the French rugby union.

Williams is currently in London and is believed to be en-route to France, but has been ordered to appear - or have a representative appear on his behalf - in court in Sydney on August 5.

Player manager Khoder Nasser has also been subpoenaed to provide documents relating to information on Williams's whereabouts by Thursday. Also subpoenaed has been the Department of Immigration in a bid to help track down Williams overseas.

If Williams is not represented in court next week at the hearing for the injunction, then the court date will be postponed.

 

[eastsrule]

http://www.news.com.au/dailytelegraph/story/0,22049,24087459-5001021,00.html

RENEGADE NRL star Sonny Bill Williams has been issued with a subpoena to face the NSW Supreme Court court next Tuesday.

The subpoena is the first step in the Bulldogs' bid to impose an injunction on Williams, preventing him from taking up an offer to play in the French rugby union.

Williams is currently in London and is believed to be en-route to France, but has been ordered to appear - or have a representative appear on his behalf - in court in Sydney on August 5.

Player manager Khoder Nasser has also been subpoenaed to provide documents relating to information on Williams's whereabouts by Thursday. Also subpoenaed has been the Department of Immigration in a bid to help track down Williams overseas.

If Williams is not represented in court next week at the hearing for the injunction, then the court date will be postponed.

It can be postponed a couple of times as well and it most likely will be.

As the article states, a representative (his lawyer) will suffice.

Can someone clarify his residency status? Also, if he is just an NZ Citizen, does the Australian courts not have limited power over him as opposed to if he were a Permanent Resident.

 

[bartman]

Maybe the NRL should sign up this talented award winning representative level candidate, to try and coax SBW back...

It's about the only thing other than more money that SBW seemed to understand...

 

[sass]

eastsrule - there are a lot of different ways that courts can claim jurisdiction over a case ... in contract law one of them is whether it's australian law that was intended to govern the contract.

any australian clubs' contracts with their players would definitely nominate aussie law, so then it doesn't matter whether sbw is an aussie citizen or not.

hope that makes sense!

 

[eastsrule]

eastsrule - there are a lot of different ways that courts can claim jurisdiction over a case ... in contract law one of them is whether it's australian law that was intended to govern the contract.

any australian clubs' contracts with their players would definitely nominate aussie law, so then it doesn't matter whether sbw is an aussie citizen or not.

hope that makes sense!

Sonny Bill apparently entered Europe on a Samoan passport. The reason this was done is that Samoans do not count for "imported" players of which there is a limit of two per team in the French competition for every year.

He is also a New Zealand citizen and I find it hard to believe that it is not at least a small factor in getting him to turn up to court in Australia (for a civil matter).

 

[humpy]

It can be postponed a couple of times as well and it most likely will be.

As the article states, a representative (his lawyer) will suffice.

Can someone clarify his residency status? Also, if he is just an NZ Citizen, does the Australian courts not have limited power over him as opposed to if he were a Permanent Resident.

Not sure if it makes a great deal of difference, as I am almost positive that NZ courts would uphold any Australain court decision.

Can't wait to see what that maggot Nasser comes up with as well.

 

[eastsrule]

Not sure if it makes a great deal of difference, as I am almost positive that NZ courts would uphold any Australain court decision.

Can't wait to see what that maggot Nasser comes up with as well.

Oh absolutely NZ would cooperate with Australian courts, but I believe that it would slow things down having to go through NZ consulates etc.

 

[sass]

well obviously it means something, as citizenship and residency do count for bases for jurisdiction in some matters ... but in any case the courts only require one basis to claim jurisdiction upon.

and if the supreme court has issued a subpoena for him then it means that they have already - prima facie - said that they believe they have jurisdiction to hear the case.

it's up to sonny and his lawyers now whether they accept the court's claim that they can hear the case, or whether they choose to argue the question of whether the supreme court has a justification to hear the case under international law.

in contract law though the heads for jurisdiction are pretty clear cut and any matters relating to this contract could be heard in an aussie court - specifically in NSW.

 

[sass]

Oh absolutely NZ would cooperate with Australian courts, but I believe that it would slow things down having to go through NZ consulates etc.

if you mean does it make a difference if he refuses to attend the matter in australia and goes back to nz - it's not like the nz goverment are gonna send him over here because it's not a criminal case ... but the courts have rules so that if he does refuse to turn up, the case just goes on without him until they reach a verdict.

then they'd either seize his assets if he refuses to pay, and nz would probs cooperate if he had nz assets as well.

 

[Calixte]

Seems it was in the nature of a permanent rather than an interlocutory injunction.

I probably wouldn't want to give an undertaking as to damages either!

 

[eastsrule]

Seems it was in the nature of a permanent rather than an interlocutory injunction.

I probably wouldn't want to give an undertaking as to damages either!

What indicates that?

Why wouldn't it just be interlocutory, there is a lot of factors to consider, including the fact that it is actually unknown if he has signed another contract or is even there to play French RU.

 

[Calixte]

The second part of my post you clearly didn't read...

 

[NK Arsenal]

SBW is going down

 

[no name]

SBW is going down

On Danny Wiedler

 

[dallymessenger]

:lol:

at eastrules trying to show he knows lots about the law.

i wonder if daddys lawyer is the one helping him.

eastrules keeps him busy ringing him up whenever someone says nasty things on here about him

 

[KalgoorlieRed]

Bring back the stocks!

 

[sass]

What indicates that?

Why wouldn't it just be interlocutory, there is a lot of factors to consider, including the fact that it is actually unknown if he has signed another contract or is even there to play French RU.

he doesn't have to have signed with another club for them to bring an injunction against it though ... it should be enough that he's breached his contract here. you can enjoin against him playing for another club as a peremptory measure if that's what they've done here.

the fact that it's handed down as a permanent injunction doesn't mean that sbw's team can't still try and have it overturned.

this is all just theoretical though since the court hasn't made any decisions on injunctions yet - they've only issued subpoenas.

 

[destroy]

If Williams is not represented in court next week at the hearing for the injunction, then the court date will be postponed.

I don't pretend to know much about the law, and we're certainly not going to see $BW hopping back on a plane just for this (my guess is now that he's out of the country he plans to stay that way as long as possible for fear of a mob with pitchforks, and rightly so), but wouldn't non-representation constitute failure to appear?

If so, my understanding is that an FTA is a punishable offence - why then would the date be postponed? Seems like a slap on the wrist to me, but could someone else clarify?