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From the official website: MEDIA RELEASE
SHARKS VINDICATED IN GOW CASE
Cronulla Sutherland Leagues and Football Clubs and the Chairman of both Clubs, Mr Barry Pierce, are delighted with the final outcome of the Peter Gow case. The final decision of Mr Justice Walton on costs completely vindicates the position of Mr Pierce and the manner in
which the Clubs conducted this protracted case.
In July 2002 Mr Justice Walton of the Industrial Relations Commission ordered that the Clubs pay damages to Mr Gow of $105,000 (plus interest). Mr Gow's claim against Mr Pierce was dismissed. The Clubs and Mr Pierce were extremely pleased with that result, which was significantly less than the $769,166 (plus interest and costs) which Mr Gow was seeking and less than the $140,000 (including interest plus costs) which the Clubs had offered Mr Gow in July 2001.
On 5 December 2003 Mr Justice Walton handed down his judgment in relation to the costs of the IRC proceedings. In his judgment Mr Justice Walton:-
1. Accepted the submission by the Clubs and Mr Pierce that because Mr Gow's claim
against Mr Pierce was dismissed, Mr Gow should pay Mr Pierce's costs of the proceedings
on the basis that "At no stage of the proceedings did [Mr Gow] formulate a specific claim against
[Mr Pierce]". His Honour therefore found that the joinder of Mr Pierce to the proceedings
was a "matter of grave concern".
2. Agreed with the Clubs that it was unreasonable for Mr Gow to not accept the settlement
offer of $140,000 (inclusive of interest plus costs) which was made by the Clubs and
Mr Pierce to Mr Gow on 4 July 2001 and therefore ordered that Mr Gow pay the Clubs'
party/party costs of the proceedings from 4 July 2001.
3. Rejected Mr Gow's argument that the Licensing Court proceedings (in which Mr Gow
accepted a five year ban from holding office in the Cronulla Sutherland Leagues Club and its subsidiaries or any other registered club in New South Wales) were relevant to determining
whether Mr Gow should have accepted the Clubs' settlement offer.
4. Accepted the Clubs' argument that Mr Gow had only been successful in relation to one
of the three limbs of his case.
5. Ordered that the Clubs pay only 80% of Mr Gow's party/party costs of the proceedings
up to and including 4 July 2001. This 20% discount was applied on the basis that Mr Gow's
"insistence that his conduct could not be classified as serious misconduct demanded the
expenditure of significant time and energy rebutting a position which should have been
conceded [by Mr Gow] with humility rather than fought with indignation".
This result may mean that the Clubs pay little if anything to Mr Gow in relation to his costs
of the IRC proceedings.
Thoughts???
SHARKS VINDICATED IN GOW CASE
Cronulla Sutherland Leagues and Football Clubs and the Chairman of both Clubs, Mr Barry Pierce, are delighted with the final outcome of the Peter Gow case. The final decision of Mr Justice Walton on costs completely vindicates the position of Mr Pierce and the manner in
which the Clubs conducted this protracted case.
In July 2002 Mr Justice Walton of the Industrial Relations Commission ordered that the Clubs pay damages to Mr Gow of $105,000 (plus interest). Mr Gow's claim against Mr Pierce was dismissed. The Clubs and Mr Pierce were extremely pleased with that result, which was significantly less than the $769,166 (plus interest and costs) which Mr Gow was seeking and less than the $140,000 (including interest plus costs) which the Clubs had offered Mr Gow in July 2001.
On 5 December 2003 Mr Justice Walton handed down his judgment in relation to the costs of the IRC proceedings. In his judgment Mr Justice Walton:-
1. Accepted the submission by the Clubs and Mr Pierce that because Mr Gow's claim
against Mr Pierce was dismissed, Mr Gow should pay Mr Pierce's costs of the proceedings
on the basis that "At no stage of the proceedings did [Mr Gow] formulate a specific claim against
[Mr Pierce]". His Honour therefore found that the joinder of Mr Pierce to the proceedings
was a "matter of grave concern".
2. Agreed with the Clubs that it was unreasonable for Mr Gow to not accept the settlement
offer of $140,000 (inclusive of interest plus costs) which was made by the Clubs and
Mr Pierce to Mr Gow on 4 July 2001 and therefore ordered that Mr Gow pay the Clubs'
party/party costs of the proceedings from 4 July 2001.
3. Rejected Mr Gow's argument that the Licensing Court proceedings (in which Mr Gow
accepted a five year ban from holding office in the Cronulla Sutherland Leagues Club and its subsidiaries or any other registered club in New South Wales) were relevant to determining
whether Mr Gow should have accepted the Clubs' settlement offer.
4. Accepted the Clubs' argument that Mr Gow had only been successful in relation to one
of the three limbs of his case.
5. Ordered that the Clubs pay only 80% of Mr Gow's party/party costs of the proceedings
up to and including 4 July 2001. This 20% discount was applied on the basis that Mr Gow's
"insistence that his conduct could not be classified as serious misconduct demanded the
expenditure of significant time and energy rebutting a position which should have been
conceded [by Mr Gow] with humility rather than fought with indignation".
This result may mean that the Clubs pay little if anything to Mr Gow in relation to his costs
of the IRC proceedings.
Thoughts???
