Parramatta Eels’ gang of five lose salary cap ban legal challenge
THE Parramatta Eels officials who sued the NRL over the breach notices that ordered their interim suspension have lost a legal bid challenging their validity.
NSW
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THE Parramatta Eels officials who sued the NRL over the breach notices that ordered their interim suspension have lost a legal bid challenging their validity.
Justice James Stevenson today dismissed the challenge, brought on by club directors Stephen Sharp, Tom Issa, Peter Serrao, CEO John Boulous and general manager Daniel Anderson over the notice that indicated ‘an intention to cancel your registration.’
Lawyers for the NRL indicated immediately following the judgment that they would be seeking costs.
“On the proper construction of the rules, the plaintiffs did not have any right to be heard before the NRL made the suspension statement or issued the notices,” Justice Stevenson said in his judgment.
“The notices are valid.”
The Eels officials had argued they they were not given enough of a chance to respond to the breach notches before they were made publicly available.
Their lawyer Arthur Moses SC told the hearing last week the NRL did not follow “procedural fairness” when they suspended the five officials over the alleged salary cap rort on May 3.
“This suspension of such registration is a serious consequence, it may have a detrimental impact on current or future employment opportunities, their reputation and therefore their livelihood and standing within the community,” Mr Moses said.
“These allegations have been made in the context of press conferences and continual publications in circumstances where individuals had not been given an opportunity to provide a response.”
Justice Stevenson referred to the breach notice and said “the sentence (in the notices) does no more than state that the NRL does not regard the rule suspension as preventing the plaintiffs from preparing their response to the notice or assisting the club to respond to the breach notice directed to it.”
The officials have until tomorrow to respond to notice, with the club’s response due by Friday.
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