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85 Baby

Juniors
Messages
1,936
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.
You truly are a moron. “I know I’ll respond to a post then immediately forget everything that preceded that post.” Goldfish5150
The NRL operates nationally and is therefore governed by Federal Common Law. Contract law is federal. Its not rocket surgery.


Its called Stare decisis and it is literally the basis of Australian Law. Please stop. You are embarrassing yourself badly



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.
This all stems from me responding to a question saying yes and no then a sentence and half explaining that. If you want me to write a f**ken essay on common law theory on a rugby league forum, I’ll need my mate @TheRam to write down my dictations.

Communication is a two way street. I apologise for you not being able to understand the words.
 

Glenneel

Bench
Messages
4,254
Who reckons it gets that far? Or given the nature of issue, for the good of NRL do we want the court to decide, whether good or bad for us?
Putting my bush lawyer hat on I'd say we have a strong case here. I'd say its not a restrain of trade because he had legal representation, the Club tried to talk him out of it and highlighted the period he was excluded from NRL. With these facts the court should find in our favour. Here's hoping.
 

Glenneel

Bench
Messages
4,254
This by 1000. The agreement could easily be overturned............or not. Completely depends on the consideration under the Contract, which to be honest, none of us knows. Genuinely could go either way, but if it goes AGAINST Parra, management needs rooting.
No, management hired Moses (the lawyer not Mitchell), or some other lawyer, to draft the release so he'd be in the firing line.
 
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Glenneel

Bench
Messages
4,254
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.
If courts set a precedent then courts in other states will look at their case with similar circumstances as a guide. Its even the same in international law. Often legislation in one country is copied (not exactly obviously) by another country, That adopting country will look at case law in original country to use as a guide (obviously countries with a similar legal system).
 

Timana

Juniors
Messages
1,309
Wow
It's a real possibility - BUT - if the release contract is invalid, then Lomax is legally not released and is still an Parramatta Eels player. Lomax doesnt want to play for us, we dont want him either, so we therefore retain the right to shop him to whomever we want, for a player in return - so from Zac's perspective he remains in the exact same position.
 

Timana

Juniors
Messages
1,309
It's a real possibility - BUT - if the release contract is invalid, then Lomax is legally not released and is still an Parramatta Eels player. Lomax doesnt want to play for us, we dont want him either, so we therefore retain the right to shop him to whomever we want, for a player in return - so from Zac's perspective he remains in the exact same position.
But then the first contract is easier to break. If he breaks that and it becomes invalid, he pkays for the dragons again
 

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