Court stops The Daily Telegraph publishing Cronulla Sharks report
Vanda Carson and Amy Dale
The Daily Telegraph
May 02, 2013 10:29AM
THE Cronulla Sharks have today won a legal injunction to stop The Daily Telegraph from quoting a chronology prepared for its board relating to alleged anti-doping rule violations in 2011.
NSW Supreme Court judge Justice Nigel Rein has today said he believes it is "appropriate" for the injunction, temporarily granted on Saturday night, to continue indefinitely.
In an affidavit read to the court this week Darren Kane, the lawyer who advised the club, said he was seeking the injunction because former "employees and contractors" of the club had "threatened" to sue the club.
Cronulla's former sport scientist Stephen Dank has admitted Jon Mannah was given peptides while he played with the club, just two years after he was diagnosed with Hodgkin's lymphoma. He died in January after a relapse.
Mr Kane, from Sydney law firm Colin Love and Co, did not say what sort of lawsuit had been threatened, but it is understood it was for defamation or breach of confidentiality.
He also said the club would be "exposed" to the risk of future lawsuits by "current and former contracted" rugby league players.
Mr Kane said if a 39-page legal advice he gave to the club board on February 27, and another advice from Alan Sullivan QC, were published by The Daily Telegraph, it could also "prejudice... the ongoing ASADA/ARL/NRL investigation" into "current and former employees of the club".
Mr Kane states the phrase ``current employees" refers to "a number of professional rugby league players who are contracted to the (club)",
“The legal advice ... deal with very serious issues presently faced by the (club),” he stated.
Mr Kane told the court he was concerned The Daily Telegraph would "further publish" his legal advice, and the advice given by Mr Sullivan, pointing to comments journalist Rebecca Wilson made on a Triple M radio show on Saturday.
When Ms Wilson was asked if she had "seen more" than sections referring to Jon Mannah, she said "yes", and said further stories would be published "next week".
"We also have information coming in that verifies other stuff in that report in the next few days," Ms Wilson said.
The court heard although the Daily Telegraph's stories attributed quotes having come from an "independent report" by former ASADA board member Dr Trish Kavanagh, they were mostly quotes from Mr Kane's 39 page advice.
Some quotes came from a "chronology of facts" prepared by Dr Kavanagh "based on her investigations undertaken" until February 26, the court heard.
Justice Rein stated the reports on the stories appeared to have "confused" Mr Kane's advice for the Kavanagh report.
Mr Kane states in his affidavit the advice he gave to the board was marked "strictly confidential - subject to privilege and not for circulation beyond the director's and the club's legal advisors" the top of each page.
Mr Kane says Mr Sullivan's advice ran to 21 pages.