Former Adelaide United boss Piet Van Der Pol loses legal action against club for $684k in ‘unpaid wages’
Adelaide United’s former boss has lost his $648,000 claim against the club by not showing up – and now owes it thousands in legal costs.
Police & Courts
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Former Adelaide United boss Piet Van Der Pol’s demand for $648,000 in “unpaid wages” has been thrown out of court, with a judge dubbing it “odd” and questioning whether it was “a sham of some sort”.
Mr Van Der Pol was not present, nor represented by counsel, in the Supreme Court on Wednesday when it dismissed his statutory demand against the club.
Judge Graham Dart said Mr Van Der Pol had “ample opportunity” to respond to emails and file documents as required but had not done so, despite warnings the court would dismiss his case.
He said he was satisfied Mr Van Der Pol was owed no debt because his Hong Kong employers had “paid in Chinese currency”, temporarily through the club’s bank account, while he performed his duties.
“When he (Mr Van Der Pol) raises the question ‘where’s my salary for the past two years?’, from the club’s point of view this is a sham of some sort?” he asked. “It seems odd.”
Gillian Walker SC, for the club, said neither her client nor the court needed to put a label on the case.
“We would not use the word ‘sham’ … that would be a complex question,” she said.
“Regardless of the construction of the agreement, it certainly had no work to do from the time it was terminated … we do not need to form a view about it.”
Previously, the court heard Mr van der Pol issued the club with a statutory demand for $684,000 in allegedly “unpaid salary” over his time as its executive chairman.
The club asked the demand be thrown out, saying it merely allowed its accounts to be used by Mr van der Pol’s actual employer, Global Football Operations in Hong Kong.
Last month, Mr van der Pol’s lawyer announced he would no longer act in the case while the club claimed the ex-chairman was overseas and selling off his Australian assets.
On Wednesday, Ms Walker said that, for a time, the club’s bank account had received deposits from Mr Van Der Pol’s employer, Global Football Operations in Hong Kong, then paid that money on to him.
That temporary arrangement, she said, was established so he could prove his income to an Australian bank and secure a home loan.
She said that, since Mr Van Der Pol’s lawyer left the case, the club had served legal papers at the address bought with that loan.
“It’s clear he was present in Australia on at least August 10 and 11,” she said.
“I can tell Your Honour that property is on the market and listed as being ‘under offer’.”
Judge Dart dismissed the statutory demand and ordered Mr Van Der Pol pay the club’s legal costs.
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