Ward v Country Rugby League of NSW Inc [2000] NSWSC 720

New South Wales Supreme Court

CITATION : Ward v Country Rugby League of NSW Inc [2000] NSWSC 720 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 3194/00 HEARING DATE(S) : 17 & 19 July 2000 JUDGMENT DATE : 19 July 2000

Andrew Ward (P1) PARTIES : Turvey Park Rugby League Football Club Inc (P2) Country Rugby League of New South Wales Inc (D) JUDGMENT OF : Hamilton J

COUNSEL : S Prince (P1 & 2) J B Riordan, Solicitor (D) SOLICITORS : Denniston & Day (P1 & 2) McLaughlin & Riordan (D) CATCHWORDS : ASSOCIATIONS AND CLUBS [15] - Expulsion, suspension and disqualification - Exercise of powers - Generally - Whether internal appeal from Judiciary Committee available to disappointed complainant. LEGISLATION CITED : Justices Act 1902, s 112 CI & D Manufacturing Pty Ltd v The Registrar of the Industrial Court of New South Wales (1996) 40 NSWLR 1 CASES CITED : Ex parte Sidebotham. In re Sidebotham (1880) 14 Ch D 458 Grayndler v Cunich (1939) 62 CLR 573 DECISION : Defendant restrained from hearing internal appeal.

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

HAMILTON J

WEDNESDAY, 19 JULY 2000

3194/00 ANDREW WARD & ANOR v COUNTRY RUGBY LEAGUE OF NEW SOUTH WALES INC

JUDGMENT

HIS HONOUR:

1 These proceedings are brought by Andrew Ward ("Ward"), a Rugby League player, and the Turvey Park Rugby League Football Club Inc, for which he plays. That Club plays in a competition organised by Group 9 of the Country Rugby League of New South Wales Inc ("the Country Rugby League"), the State being divided into a number of areas for the purposes of conducting rugby league competitions in the country. The relevant area is in the southern part of the State. 2 It is alleged that during the course of a game against the Wagga Brothers Club, Ward bit the ear of a Wagga player. He was not sent off or did not leave the field during the course of the game because the player bitten did not, at that time, make a formal complaint, but indicated the game should go on, simply saying, "That is football". However, subsequently, his Club made a complaint which led to a hearing against Ward before the Group Judiciary Committee on 21 June 2000. At that hearing the Judiciary Committee found the charge not proven. The Wagga Brothers Club subsequently appealed against the decision of the Judiciary Committee to the Appeals Board of the Country Rugby League ("the Appeals Board"). The defendant proposes to have that appeal heard by the Appeals Board, since it considers it to be a valid appeal, which the plaintiffs controvert. An agreement has been reached between the parties that, if the appeal is held to be valid, it will proceed, not before the Appeals Board, but before a Group Appeals Committee constituted under the relevant provisions of the Group 9 Constitution which will be set out hereafter. 3 The question for the Court is whether the appeal to the Appeals Board is a valid appeal, and one that can be maintained under the relevant provisions of the Constitutions properly construed. The matter is urgent as the rugby league season is still continuing and the incident and the complaint, if the appeal be dealt with, could lead to Mr Ward's suspension from play. The Court has heard the matter at short notice on a final basis and I have not had any considerable time to conduct researches into the matter. That, in the long run, may not matter a great deal, because in this, as in all cases of the interpretation of instruments, authority on other instruments is not of great assistance. The question that must always be decided is the proper construction to be put upon the relevant words of the instrument in the context of the whole instrument. There are two instruments which require consideration. One is the Constitution of the Country Rugby League and the other is the Constitution of Group 9. 4 The Constitution of Group 9 provides by clause 40(a) that at its first meeting after the annual general meeting of the Group the General Committee shall elect a Judiciary Committee. The following provisions are contained in clauses 42 and 43: "42 The duties of the Judiciary Committee shall be:- (a) Investigate and deal with all reports of referees who have sent players from the field of play. (b) Any other matter which the Group General Committee of Management Committee may from time to time delegate to the Judiciary Committee to determine. … 43 (a) The Judiciary Committee may impose penalties by way of fine, suspension, disqualification, costs and/or expense or by caution: [sic] (b) The Committee shall nominate a date by which a monetary penalty, costs and/or expenses are to be paid or on which a period of suspension or disqualification will end."