High stakes lawsuit between SA high rollers over defunct Planet nightclub will go ahead
THREE top sportsmen and a soccer boss may yet gain control of a city nightclub because a former State Government high-flyer has failed to stop an eleven-year, multi-million dollar stoush.
THREE top sportsmen and a soccer boss may yet gain control of a city nightclub because a former State Government high-flyer has failed to stop an eleven-year, multi-million dollar stoush.
In a majority decision, the Full Court of the Supreme Court today rejected Clone Pty Ltd’s appeal against an order their battle with Players Pty Ltd be retried.
Since the early 2000s, the sides have warred over control of the long-defunct Planet nightclub’s $1m hotel licence and 40-poker machine licence.
Clone, the family company of former State Government’s Economic Development Board member Fiona Roche, owned the site.
Players, comprising Adelaide United chairman Greg Griffin, former Adelaide Crow Chris McDermott, former Australian cricketer Tim May and former tennis coach Darren Cahill, leased the venue.
Both Players and Clone claimed ownership of the hotel and poker machine licences but, after a 28-day trial in 2005, the court ruled in favour of Clone.
In September last year, The Advertiser revealed the lawsuit had been revived because of three letters on a missing document.
The court ruled Clone’s lawyers had engaged in malpractice by failing to disclose a contract document on which the word “nil” was crossed out.
That amendment, the court found, may have tipped the original trial in favour of Players — completely reversing ownership of the club.
Clone appealed that ruling, arguing it should be set aside and the original decision — awarding control to Clone — be reinstated.
On Thursday, Justices Malcolm Blue and Tim Stanley rejected that argument and dismissed Clone’s appeal, meaning the retrial will go ahead.
They also agreed that the conduct of Clone’s lawyers, during the 2005 hearing, “misled the trial judge”.
In his minority, dissenting judgment, Acting Justice Bruce Debelle upheld Clone’s appeal and said its counsel had not misled the trial judge.
A date for the retrial has yet to be set.