NSW: West Harbour loses court fight for semi-final berth

AAP General News (Australia)
08-16-2001
NSW: West Harbour loses court fight for semi-final berth

By Gavin Lower

SYDNEY, Aug 16 AAP - A Sydney rugby union team lost its court battle today for a berth
in its competition semi-finals.

First grade team West Harbour went to the NSW Supreme Court seeking an injunction to
stop the implementation of a penalty which cost them 19 points for breaching a rule over
the number of overseas players they were entitled to.

The points loss dropped the team from fourth in the competition to eighth, making them
ineligible for Sunday's semi-final game.

In ruling against West Harbour, Justice Peter Young found the team's case was not "strongly
arguable" and that the "balance of convenience" lay in not granting the injunction.

"If the first plaintiff (West Harbour) does not succeed in this application but does
succeed in the final hearing, it will have lost the right to play in the semi-final and
maybe become the premiers," Justice Young said.

"On the other hand, if the order is granted, the same will apply to the 10th defendant
(Southern Districts) who has had no breach of any of the rules."

Southern Districts moved up the table to replace West Harbour in the semi-finals.

Outside court, West Harbour co-coach Brian Melrose was disappointed with the decision.

"The 2001 competition will always be tainted by the best team may not win," he said.

He said he believed the team's interpretation of the overseas player rule was in good faith.

"We're not trying to destroy the competition," he said.

"We just wanted to give our blokes a fight for what's right and give them the chance
to participate in what they deserve to participate in."

The NSW Rugby Union deducted the points from West Harbour for having three overseas
players when it was only allowed two.

West Harbour's barrister, Bernie Gross, QC, had argued the rule was an unreasonable
restraint of trade and that it interfered with the third player's ability to play first
grade football and advance his career.

NSW Rugby Union executive director Matt Carroll said while he felt for the West Harbour
players, the rule was important to Australian rugby because it forced clubs to pick local
players.

He said without the rule there would be no Waratahs or Wallabies or Australia's world
rugby standing.

Mr Carroll said if the rule had been overturned today, one team could have five or
six overseas players which "would have been quite disastrous for the competition".

A full hearing on the rule will be held on a date to be fixed.

AAP gl/rp/mg/de

KEYWORD: UNION WEST

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