If we are under the cap then what bearing does Sharp and co have with compliance for 2016. Spite? It doesn't make sense.
I think there would be a legal case against this, as well.
If this was an option as a punishment then the 5 were not told (hence the injunction, at least partly).
If the NRL began conducting this investigation before the season began, they could have given warning of this potential option and allowed the 5 to step down until the process was over, thus fulfilling the criteria the NRL want before points become accruable.
This did not occur. The opportunity was not given by the NRL. The 5, and the club, were not given the opportunity to accrue points in a fair fashion. When it was only after 9 rounds that this punishment was revealed as an option, it was too late for the club to get itself into a position to compete for the full season.
This is the fault of the NRL for not disclosing this potential option prior to the season starting.
As such, it's possible that the court would not accept this as a legitimate criteria for withholding points and it would be waived.