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Quote: Barry_McKenzie "I won't bag Bradford out.... but if this is a typical Bradford view I would bugger off to Canberra as well...big contract or not.

<Image removed - BP>

'"


Seriously..have you been to Canberra..!!!

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Quote: Ferocious Aardvark "The contract will most certainly define what laws and jurisdiction applies. I'd bet any money it is English law.

The Bulls would need to obtain a money judgment against Orford first. If they did, then the methods available to enforce it in Australia are much the same as here, they'd only need to register it in Aus under the foreign Judgments (Reciprocal Enforcement) Act 1933.

An attachment of earnings order would be nice.'"


I assumed English law, but did not know about any reciprocal enforcement mechansism. That would strengthen our chances of success then.

Would a UK court grant a money judgment? Knowing how unready they seem to be generally (from my understanding anyway) to make big awards against employees in such actions? presumably we are back to the Bulls proving the scale of their losses, and to there being no counterclaim?

Messy??

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Quote: Adeybull "Messy??'"


And therein lies the crux of the matter.

Both "legal" standpoints of respective parties will feel they have a strong case, should it get to that juncture; much as any defence team would hope to have. Legal cases are taken on board to earn solicitors money rather than necessarily play moral guardian to the nations problems and least of all guarantee any successful outcome.

But it is highly unlikely to get to that point. I would like nothing more than to see the club be recompensed for Orford leaving. However as I have maintained, any NRL club willing to pay a transfer fee is increasingly rare, albeit the lack of halves may put us in a stronger position. Worse case scenario for the club is we release him and save the large annual salary he was "earning".

I'm not sure we are in a position to go legal, nor will we lose out even if we didn't.

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Last edited by Ferocious Aardvark on stardate Jun 26, 3013 11:27 am, edited 48,562,867,458,300,023 times in total:d7dc4b20b2c2dd7b76ac6eac29d5604e_973.gif



Quote: Adeybull "Would a UK court grant a money judgment? Knowing how unready they seem to be generally (from my understanding anyway) to make big awards against employees in such actions? presumably we are back to the Bulls proving the scale of their losses, and to there being no counterclaim?'"

I don't think there's a problem with the principle of the case, but with the measure of damages which you could claim, which is restricted to your "loss". And that is not a lot, unless you are (for example) obliged to pay a big signing on fee for a replacement, or something like that.

In practice the fact that he can't play unless we release him is a more potent weapon. Though whether if we do not agree the release, we then have to keep paying him is probably a far trixier issue.

Quote: Adeybull "
Both "legal" standpoints of respective parties will feel they have a strong case, should it get to that juncture; much as any defence team would hope to have. Legal cases are taken on board to earn solicitors money ... and least of all guarantee any successful outcome.'"

What people seem to always overlook is that in the vast majority of legal cases, as well as being a winner, there will correspondingly be a loser. As long as the loser's lawyers properly and fully advise on the chances of success, but the client says go ahead, then why shouldn't they be paid? (unless acting no-win, no-fee in which case they won't be paid). If however they mis-advise on the merits "to get the case on board to earn solicitors money" then that won't work, as they themselves would end up being sued.

I would doubt very much that Orford's lawyers if he appointed some would feel he had a strong case. Seems hard to see he has any case at all, and that if we chose to take it on, the only question is how much does he owe? Having said which, we wouldn't, I think, sue him except perhaps as a very last resort, if all other avenues fail.

Quote: Adeybull "But it is highly unlikely to get to that point.....'"

Indeed. There are many factors to consider but they all militate against heading for the courts.

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Red Amber and Black Fantasy Rugby League Champion 2012. By far the most sensible posts on this thread have come from mystic eddie. - copyright Ewwenorfolk 09.04.2013 Aye, and Eddie is hinting at it too. And, as we all know: Mystic Eddie has been right all along! - copyright vbfg 05.01.2017:Others/combustable.gif



Quote: Ferocious Aardvark "Eddie, a word to the wise

OK Mr Mod. You just keep speaking for everyone. I am sure they appreciate it.

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I think this thread has gone off the rails enough times now.

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