Compromise likely for Kemp

Press, 13 April 1989, Page 44

Compromise likely for Kemp

PA Auckland The rugby league rookie scheme rebel, Tony Kemp, will be able to play for Newcastle Knights in Sydney at the week-end if the club and the New Zealand league ratify an agreement reached in the High Court at Auckland. Kemp yesterday sought three injunctions to prevent the New Zealand Rugby League from interfering with his application for registration to play in Australia. After a lengthy hearing, lawyers for Kemp and the league asked for an adjournment so they could discuss a settlement. They later met Mr Justice Henry in chambers to seek time to put the proposition to the boards of the New Zealand league and Newcastle Knights, indicating a resolution was likely tomorrow. No details of the deal were announced in court. It is understood the settlement involves Kemp dropping all legal proceedings and claims for costs against the New Zealand league, and the

Newcastle club agreeing to pay an international transfer fee. The club board meets this evening and could pay the amount demanded by tomorrow morning, clearing the way for Kemp to take the field at the week-end. In the High Court yesterday the New Zealand league gave an undertaking not to interfere in any future application Kemp makes for registration with the New South Wales ' Rugby League. Lawyer Kit Toogood told the court the league would promptly deal with any application for clearance made by Kemp without reference to its earlier decision to refuse such clearance. However, Justice Henry later decided Kemp was no longer bound to apply to the New Zealand league for clearance to play.’ At a February hearing where Kemp challenged the rules of the New Zealand league, the judge ruled that transfer regulations imposed unreasonable restraints on trade.

Kemp wrote to the New Zealand league that day asking for approval to play for Newcastle. The league replied it had considered the judgment and that, while it had the power to grant the informal approval he sought, it did not think it appropriate to do so. The New Zealand league executive director, Mike Knowles, telephoned the manager of the Australian Rugby League and told him of the court

decision and the league’s subsequent refusal to clear Kemp. The A.R.L. later rejected Kemp’s application for registration because he did not have clearance from the New Zealand league. Kemp was then invited to apply for clearance under new rules governing international transfers, but chose to return to the court. Kemp was not at the court yesterday. His lawyer, Anthony Grant, said the player was unemployed, was not being baid by the Knights because he was not able to play, and could not afford the air fare to return to New Zealand. He said Kemp had already missed four of the 22 games this season and the stance taken by the New Zealand league made it increasingly likely he would lose the $89,000-a-year, two-year contract the Newcastle club was offering. Kemp’s application for transfer was unique in that it was made under old rules since found null

and void by the court, yet could not be considered under replacement regulations, the judge said. The New Zealand league, realising that Kemp’s case was not going to set a precedent for the transfer of internationals, then agreed to further talks with Mr Grant to resolve the case out of court. Both parties returned to tell the judge of their intention to resolve the dispute finally tomorrow. Mr Knowles later said the agreement reached at court had to be put to the New Zealand Rugby League board and to the club for ratification. • The Newcastle Knights’ manager, Graham Hardes, last evening hinted that Tony Kemp will not find it easy to break straight back into the first team, even if his legal battle with the New Zealand Rugby League is resolved before the weekend. Mr Hardes declined to comment on yesterday’s agreement reached in the High Court until he had received the full details.