Mike Mulvey to continue legal fight against Brisbane Roar
Brisbane Roar’s title-winning coach Mike Mulvey was granted permission to continue civil action against the club that sacked him but he’ll pay the A-League club’s court costs.
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A-League title-winning coach Mike Mulvey will be forced to pay court costs to Brisbane Roar but has been granted permission to continue civil action against the three-time A-League champions, who sacked him five years ago.
Mulvey applied to the Brisbane District Court to restart proceedings – first launched in 2015 – against the club.
Axed by the Roar in November 2014 despite guiding the club to an A-League championship six months earlier, Mulvey sought $286,500 in damages from the Roar.
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The amount added up to an 18-month payout in improved contract terms Mulvey had allegedly been promised by the club’s former managing director Sean Dobson.
However, until last month, Mulvey had not taken steps in his action against the Roar since December 2015.
In court documents Mulvey said: “My former solicitors did not ensure I take a ‘step’ in the two years following the close of pleadings, nor did they advise me that if a step is not taken for two years that leave of the court is required before any further step can be.
“(I) would have done whatever I could to ensure that period of time did not elapse without a step being taken, had I been aware of it.”
Mulvey also blamed overseas coaching appointments for making it “difficult to give appropriate attention to my case”.
District Court Judge David Reid said the “real reason” for Mulvey’s failure to “take a step” was “his ignorance of the requirement that he should do so.”
“I have concluded that it is appropriate to grant the application by giving the applicant (Mulvey) leave to continue proceedings.
“Whilst the delay of four years is significant, it is not unusual that litigation which may depend upon recollection of conversations some years previously is not unusual, and is in any case likely to be in part significantly influenced by the objective evidence I have referred to.”
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But Judge Reid also ruled that Mulvey pay the Roar’s costs – understood to be in the five-figure region.
“In my view the respondent (Brisbane Roar) … raised real questions for consideration. In my view it is unrealistic to think that, after a delay of four years, and in the circumstances where the respondent’s principal witness (Dobson) is not employed by them, that they ought to have conceded the merits of the claim.” Judge Reid said.
A Roar spokesman said: “At this stage the club won’t be making any further comment, other than the club will continue to progress the manner through the legal system.”
Originally published as Mike Mulvey to continue legal fight against Brisbane Roar