The consequences of a successful Storm legal challenge

[20knights10]

Does anyone know what the determinations of the last 2 major law cases to affect Rugby League were? ie: ARL vs Super League and South Sydney vs NRL. Could any breach of these be behind the decision of the storm directors to make a case?

 

[Paullyboy]

To be honest, I'm only interested in the opinions of StormRoolz, the rest of you are just filler between his posts as far as I'm concerned.

 

[Jatz Crackers]

maybe there was but them taking the nrl to court for that breach doesn't alter the fact that they broke the law for 5 years no less!

Sure, but I am not arguing anything to do with the breach. My point to Siv, was that unless their application asks for a decision on the question of restraint of trade then it wont be decided upon. In any case, IMO it would be a very tough road to hoe.

 

[Mickyd39]

I'm no legal eagle, but how can any ruling in the Victorian courts apply to a process in NSW.

Would someone please let me know.

This is serious questions.

I'm not taking the p*ss.

 

[Keysee]

I'm no legal eagle, but how can any ruling in the Victorian courts apply to a process in NSW.

Supreme Court action and judgements are the 2nd highest in the land and apply to all of Australia. If the NRL were to lose and appeal, I believe it has to go to the High Court in Canberra.

 

[Jatz Crackers]

I'm no legal eagle, but how can any ruling in the Victorian courts apply to a process in NSW.

Would someone please let me know.

This is serious questions.

I'm not taking the p*ss.

The application is in the Supreme Court Mick.

 

[Jatz Crackers]

Supreme Court action and judgements are the 2nd highest in the land and apply to all of Australia. If the NRL were to lose and appeal, I believe it has to go to the High Court in Canberra.

Correct. Although to have an appeal heard in the High Court you must first seek leave to appeal & it must be on a point of law. And even then its not certain to reach a full hearing. There are many hurdles.

 

[Mickyd39]

Supreme Court action and judgements are the 2nd highest in the land and apply to all of Australia. If the NRL were to lose and appeal, I believe it has to go to the High Court in Canberra.

Thank you.:thumb

Now i understand.

 

[Mickyd39]

The application is in the Supreme Court Mick.

Thank you.:thumb

 

[The EELiminator]

Sure, but I am not arguing anything to do with the breach. My point to Siv, was that unless their application asks for a decision on the question of restraint of trade then it wont be decided upon. In any case, IMO it would be a very tough road to hoe.

there are 2 separate issues one is the current case of whether the nrl followed procedures or not and the other is the storm breaking the salary cap in the first place
if the nrl wanted to sue the storm im sure they could find a legal argument of their own

 

[Jatz Crackers]

there are 2 separate issues one is the current case of whether the nrl followed procedures or not and the other is the storm breaking the salary cap in the first place

if the nrl wanted to sue the storm im sure they could find a legal argument of their own

What you write there makes no sense in relation to my previous posts, of which, the main post was to reply to Siv.

The 2 seperate issues you mention has nothing to do with my last point.

I didnt raise the subject of the NRL taking legal action against the storm I have no idea what that has to do with my last point.

 

[Doug2234]

What a wank.

I hope this costs them there NRL license... I didnt know 1 club was bigger then the game.

 

[manly40gimps0]

double

 

[manly40gimps0]

Storm 'waived right' to contest penalties
f**king merkins

Lawyers for the NRL say the Melbourne Storm have no grounds to contest penalties levied against the club for systematic breaches of the league's salary cap.
Last month the Storm owned up to salary cap breaches totalling $1.7 million over five seasons, and the NRL subsequently stripped them of two premierships and all competition points for 2010.
The club's four independent directors - chairman Rob Moodie, Petra Fawcett, Peter Maher and Gerry Ryan - claim the punishment is a breach of the league's rules and therefore invalid.
Lawyers for the NRL told the Victorian Supreme Court today a meeting was held in Sydney on April 22, in which the club consented to the penalties and agreed to deal with the issue immediately.
They say that agreement waived any further entitlements.
The NRL's lawyer Tony Meagher SC, told the court the Storm agreed to meet with them in April and conceded there had been salary cap breaches and then agreed to the penalties being imposed.
Mr Meagher asked that Valimanda, a Storm parent company, be involved in the proceedings.
Valimanda is owned by News Limited.
The matter will return to court for a case conference in June, and any trial over the matter could take place in July or August.
Outside court, NRL solicitor Tony O'Reilly said the organisation would issue a claim to have Valimanda become part of the proceedings.
"What we are doing is Valimanda is one of the two entities that comprise the Melbourne Storm club, they were part of the decision therefore they should be part of the court proceedings," he said.
"We have no argument with them. The whole Melbourne Storm club was part of the decision.
"The NRL's decision was imposed on the club as a whole which comprises the two entities, therefore they should be part of the court process, so that everybody is bound.
"They agreed to the process that went on so the NRL obviously believes that they should be here as well."
O'Reilly believes the case can be resolved before the finals series.
"We would be pretty confident we would be able to get it done in July and that will get it all over a long time before the semi-finals and it will be all sorted out a couple of months ahead," he said.

http://www.abc.net.au/news/stories/2010/05/21/2905793.htm?site=news

 

[stormbati]

So what if the Storm win the case in July, get all points restored, then are in a top 8 position?
What do the Nrl do then?
Could the Nrl season or finals be suspended?

 

[little_aza]

Uhhh this is getting messy. Deciding the fate of the 2010 competition through legal means is good for no one - especially not us.

 

[Bman26]

Uhhh this is getting messy. Deciding the fate of the 2010 competition through legal means is good for no one - especially not us.

Hope you mean fans, it has no bearing on the Storm at all, they win the club is happy and play for points, they lose they haven't gone backwards, except more haters will hate - who cares, heaps of them anyway.

However it'll stuff things up for the fans. I know if I supported anyone other than Melbourne and my team was eliminated by their illegal roster in the finals or worse still in the Grand Final I'd be upset.

 

[stormbati]

So the storm get their points reinstated and make the GF and the Nrl win their appeal in GF week!
What do they do then?
All hypothetical ofcourse.

 

[little_aza]

Hope you mean fans, it has no bearing on the Storm at all, they win the club is happy and play for points, they lose they haven't gone backwards, except more haters will hate - who cares, heaps of them anyway.

However it'll stuff things up for the fans. I know if I supported anyone other than Melbourne and my team was eliminated by their illegal roster in the finals or worse still in the Grand Final I'd be upset.

By "us" I mean the Melbourne Storm and it's stakeholders - which includes Melbourne fans like me. I really don't think we deserve to be in the finals no matter what. It just screws up 2010 even more, and anyone who loses to Melbourne will blame it on the salary cap, even if they played poorly. And then that could allow those teams to take the NRL to court as they lost to an illegal team. It just get's really messy. I just want to move on, and prepare for 2011.

I just see no worthwhile good coming out of this. The most dangerous thing is the sponsorship dollar: what company would want to give millions dollars and have their name strewn all over a jersey (apart from our current sponsors) to a mob who won't accept the punishment for cheating, despite the legal technicalities?

 

[The EELiminator]

What you write there makes no sense in relation to my previous posts, of which, the main post was to reply to Siv.

The 2 seperate issues you mention has nothing to do with my last point.

I didnt raise the subject of the NRL taking legal action against the storm I have no idea what that has to do with my last point.

sorry for confusion i probably didnt need to quote you im just saying even if the storm win this case the nrl can turn around and sue them