What's new
The Front Row Forums

Register a free account today to become a member of the world's largest Rugby League discussion forum! Once signed in, you'll be able to participate on this site by adding your own topics and posts, as well as connect with other members through your own private inbox!

Rumours and Stuff

T.S Quint

Coach
Messages
15,967
I feel like if lomax wins it will open up Pandora’s box. What’s then stopping Cleary from saying I want to go play R360 and then defecting to the Roosters. I doubt the contract would have said anything about him going to play R360 just that he is being released to go look at other opportunities outside the NRL and he can’t play NRL for another club unless Parra agrees.

It’s not Parras fault R360 fell through and Parra would have been of the belief he wasn’t coming back. Zac took a big gamble and it didn’t work out Now he has to just deal with it

I would think if he wins then clubs would become much less open to releasing players at all.
 

85 Baby

Juniors
Messages
1,942
or the court rules that the release agreement in not legal/binding.
Well then that would mean the case progressed to court? My point was about the case not progressing any further.
I dont know why the Eels arent making a bigger deal that he is welcome back.
Agreed. I’d be making a bigger deal how disappointed we were he didn’t come to us first to get spot back
 

85 Baby

Juniors
Messages
1,942
Not sure you understand Common Law.
The original question was does it set a precedent for every non-compete clause in country. Which the answer is definitely no, which you should be able to identify pretty easily why.

But yes it sets a precedent for aspects of the case that would be raised in future non-compete clause cases, however that precedent is only binding to aspects that are similar to this case. Material differences could lead to different decisions.

So the answer is yes and no. Would you care to refute any of that?
 

85 Baby

Juniors
Messages
1,942
He was no longer obliged to complete the terms of his contract with Parramatta.
Not a solid argument unfortunately because likewise we were no longer obliged to pay him the terms of the contract. It’d be difficult to impossible to also claim when under contract, he was paid in excess of contract performance (regardless of how anyone thinks he performed on field).
 

Tiger5150

First Grade
Messages
5,254
The original question was does it set a precedent for every non-compete clause in country. Which the answer is definitely no, which you should be able to identify pretty easily why.

But yes it sets a precedent for aspects of the case that would be raised in future non-compete clause cases, however that precedent is only binding to aspects that are similar to this case. Material differences could lead to different decisions.

So the answer is yes and no. Would you care to refute any of that?
you clearly dont understand Common Law. Every ruling potentially sets a precedent for every case, but not necessarily every outcome. or ruling.

There is zero cases that dont "set a precedent".
 

85 Baby

Juniors
Messages
1,942
Not sure how to break this to you.....
I’m not sure how to break it to you that your comprehension is dog shit.
The post I responded to was about the possibility of the matter basically being settled out of court after today. So please break it to me how the COURT deciding something would then fall under that?


you clearly dont understand Common Law. Every ruling potentially sets a precedent for every case, but not necessarily every outcome. or ruling.

There is zero cases that dont "set a precedent".
Firstly you missed the fact it’s a NSW case so please tell me how that sets a binding precedent to Queensland or Victoria? Because the OP said in the country and now you’ve doubled down with every case.

Secondly you’ve said what I said. Yes = every case has a ruling that binds it to law, and no = that precedent does not necessarily affect every similar case in the same way. Just because the court rules in favour/against Lomax, doesn’t mean that Joe Executive will cop the same ruling. It is literally why we have court hearings to determine whether and how much a precedent impacts a particular case.
 

Tiger5150

First Grade
Messages
5,254
I’m not sure how to break it to you that your comprehension is dog shit.
The post I responded to was about the possibility of the matter basically being settled out of court after today. So please break it to me how the COURT deciding something would then fall under that?
The post you were responding to was MY POST explaining what would happen in court. It has reached court. It will be decided by the courts.

Firstly you missed the fact it’s a NSW case so please tell me how that sets a binding precedent to Queensland or Victoria? Because the OP said in the country and now you’ve doubled down with every case.
The NRL operates nationally and is therefore governed by Federal Common Law. Contract law is federal. Its not rocket surgery.

Secondly you’ve said what I said. Yes = every case has a ruling that binds it to law, and no = that precedent does not necessarily affect every similar case in the same way.
Its called Stare decisis and it is literally the basis of Australian Law. Please stop. You are embarrassing yourself badly

Just because the court rules in favour/against Lomax, doesn’t mean that Joe Executive will cop the same ruling. It is literally why we have court hearings to determine whether and how much a precedent impacts a particular case.

you are literally talking out of your arse.

We literally have court hearings to analysis stare decisis to determine BINDING precedents from same level or higher courts or persuasive obiter dicta decisions from lower courts.

Stop talking out of your arse. you dont know what you are talking about and look even more stupid than usual.
 

Latest posts

Top