Coach Des Hasler to sue Bulldogs for contract breach.

Status
Not open for further replies.

Hacky McAxe

Super Moderator
Staff member
Moderator
Gilded
Joined
May 7, 2011
Messages
37,038
Reaction score
29,411
Moved to Rumours subforum ... Danny has been flogging this dead horse for a while.

Until it's made official elsewhere of course (from another source ouside Danny), like the club.
It's on News.com.au and Daily Telecrap as well, both reporting he has approached the supreme court asking for $2.4 million with News.com.au reporting that the Bulldogs have been given a deadline of December 1st to respond.
 

Trafford10

Kennel Addict
Gilded
Joined
Jun 26, 2015
Messages
6,414
Reaction score
5,240
It's on News.com.au and Daily Telecrap as well, both reporting he has approached the supreme court asking for $2.4 million with News.com.au reporting that the Bulldogs have been given a deadline of December 1st to respond.
Yep.

He is asking for the full payment under his contract. If court finds the heads of agreement binding.
Not surprising and Des will have a strong case to get the full $2.4 million.
 

Hacky McAxe

Super Moderator
Staff member
Moderator
Gilded
Joined
May 7, 2011
Messages
37,038
Reaction score
29,411
Yep.

He is asking for the full payment under his contract. If court finds the heads of agreement binding.
Not surprising and Des will have a strong case to get the full $2.4 million.
Unlikely as a Heads of Agreement is never legally binding unless it's absorbed into a contractual agreement, which this wasn't.
 

Heckler

Kennel Addict
Premium Member
Gilded
Joined
Oct 13, 2014
Messages
6,332
Reaction score
9,045
2.4 million is nothing compared to the millions more at stake had he hung around.
 

fiordog

Kennel Enthusiast
Joined
Jul 1, 2014
Messages
1,216
Reaction score
1,039
Yep.

He is asking for the full payment under his contract. If court finds the heads of agreement binding.
Not surprising and Des will have a strong case to get the full $2.4 million.
Really not happy that Dib failed to settle this one before it got to this point as Des will argue that the damages are legitimate in terms of lost opportunity. If the courts do find there are enough elements for its to be binding, I sure as shit hope they've got some clauses that allowed for partial payout in the event of early termination.
 

GoTheDoggies

Kennel Immortal
Joined
Mar 23, 2014
Messages
19,842
Reaction score
18,635
Dib what a TURKEY!

Again it goes back to the panic signing after the dour win over the Broncos.
 
  • Like
Reactions: GDR

Bob dog

Hectik defence
Premium Member
Joined
Feb 26, 2005
Messages
19,324
Reaction score
3,564
How many times does work fall through for people and its keep trying?
Two million my ass, most people are glad the Hasler/Castle era is over.
 

Como Dog

Kennel Enthusiast
Joined
Apr 21, 2017
Messages
3,233
Reaction score
3,781
Unlikely as a Heads of Agreement is never legally binding unless it's absorbed into a contractual agreement, which this wasn't.
Do we know that for sure? At some stages the terminology used was a contract extension rather than a new contract. In saying that that could introduce performance clauses into an existing agreement under such a scenario.

Either way don't see Des winning but he will probably get nuisance money to go away at some point.
 

Hacky McAxe

Super Moderator
Staff member
Moderator
Gilded
Joined
May 7, 2011
Messages
37,038
Reaction score
29,411
Do we know that for sure? At some stages the terminology used was a contract extension rather than a new contract. In saying that that could introduce performance clauses into an existing agreement under such a scenario.

Either way don't see Des winning but he will probably get nuisance money to go away at some point.
It all depends how far it got. If they only signed a Heads of Agreement then there's not much to worry about. Here's an explanation of what a Heads of Agreement is:

"A Heads of Agreement is a good document to start with when you are planning to or are interested in entering into an agreement with another entity in the near future. Although non-legally binding, it is useful for keeping a record of what was discussed during the negotiation state, and what is to be included in the proposed agreement. If the proposed agreement has a signed paper record, you are able to ensure that the execution of a legally enforceable document is smooth and minimises any potential conflict."

https://lawpath.com.au/legal-documents/heads-of-agreement

All Hasler could do is to argue that he was given a verbal and/or written agreement which prevented him from getting another contract with another club but he'd have to provide evidence that he was given an actual offer by another club. He still wouldn't be able to get $2 million though. At best we'd have to pay him for time lost which would be a maximum of 1 year pay on the offer he received but no more than the final year of his previous contract.

Basically put, there's a chance we may have to pay him $1 million but in all likelihood we won't pay him a cent.

There are some exceptions though. A Heads of Agreement can be binding if the wording wasn't done properly. For example; if the Heads of Agreement states that the contract will automatically accepted if not finalised at the end of the agreement period then it becomes legally binding. This also works if there is a guarantee in there that states something like, "this agreement will be honoured unless terminated by both parties" (otherwise known as due diligence)

But honestly there is very, very little chance that a legal team would be stupid enough to put that in there. Those mistakes you see in small business sales when a sole proprietor wants to sell the business and just signs the Heads of Agreement without legal representation. Not something a major club would do.
 
Last edited:

Trafford10

Kennel Addict
Gilded
Joined
Jun 26, 2015
Messages
6,414
Reaction score
5,240
Really not happy that Dib failed to settle this one before it got to this point as Des will argue that the damages are legitimate in terms of lost opportunity. If the courts do find there are enough elements for its to be binding, I sure as shit hope they've got some clauses that allowed for partial payout in the event of early termination.
I was always dubious about the $600k partial payout that was mentioned.
I saw other amounts but $600k was mentioned most othen.
I never understood the "consideration" within such a clause given the new contract was not yet in effect.
Given the clubs argument that the heads of agreement was not binding it would seems the two sides are very far apart?
And if the club's position is there is was no contract, any early termination payment clause would be mute.
Unless the court finds the heads of agreement binding and that agreement refers to the new contract and that this new contract had bern drafted and accepted by both parties when the heads of agreement was signed.
Personally I woukd think the heads of agreement would refer to his existing contract terms & conditions and vary them in the term of and compensation?
Look it is going to be interesting.
Totally agree with you, Did fucked up royally!!!
 
Last edited:

BELMORE

Kennel Addict
Joined
Oct 28, 2013
Messages
7,929
Reaction score
9,192
I think its unfair to say Dib fucked up before everything has concluded as everyone in here has NFI of the details of the documents that were handled and signed... we can google HoA contracts all we want, but there are clauses thrown into contracts and conversations that take place that no one here knows about..
 

Trafford10

Kennel Addict
Gilded
Joined
Jun 26, 2015
Messages
6,414
Reaction score
5,240
Unlikely as a Heads of Agreement is never legally binding unless it's absorbed into a contractual agreement, which this wasn't.
Don't agree.
Heads of agreements are binding on both parties. I have used them regularly for head lease and they are absolutely enforced by the courts.

I would bet my left testicle that the heads of agreement referred to Des' existing contract but varying certain numbers like term and compensation with most clauses staying.

Personally I think Des' will have a very strong argument and given he is claiming the entire $2.4 million compensation his lawyers must have that view.

Lets wait and see.
 

Hacky McAxe

Super Moderator
Staff member
Moderator
Gilded
Joined
May 7, 2011
Messages
37,038
Reaction score
29,411
Don't agree.
Heads of agreements are binding on both parties. I have used them regularly for head lease and they are absolutely enforced by the courts.

I would bet my left testicle that the heads of agreement referred to Des' existing contract but varying certain numbers like term and compensation with most clauses staying.

Personally I think Des' will have a very strong argument and given he is claiming the entire $2.4 million compensation his lawyers must have that view.

Lets wait and see.
Possibly, but I don't see the Bulldogs lawyers using legally binding wording in a Heads of Agreement document then sacking Des after that. It has to be very specific wording to make a HoA binding. The standard form for a HoA is non-legal binding and can only be legally binding if it has specific wording to that effect at the courts deem it to be legally binding after the fact.
 

Trafford10

Kennel Addict
Gilded
Joined
Jun 26, 2015
Messages
6,414
Reaction score
5,240
Possibly, but I don't see the Bulldogs lawyers using legally binding wording in a Heads of Agreement document then sacking Des after that. It has to be very specific wording to make a HoA binding. The standard form for a HoA is non-legal binding and can only be legally binding if it has specific wording to that effect at the courts deem it to be legally binding after the fact.
Agree. Certainly for two parties entering into a contract for the first time.

But in my experience two parties that already have a commercial relationship will use the HOA to vary the original document.

Apparently the club has QC advise??
 

bradtalo

Kennel Enthusiast
Joined
Sep 8, 2014
Messages
3,796
Reaction score
5,769
This would have always been the plan. It’s basically a ploy to make him accept less than he would have been entitled too.
You offer nothing, they sue for everything, and you agree somewhere in the middle.
I bet it doesn’t see the inside of a courtroom. Destined for settlement.
Exactly. I'd bet on them settling (or the club at least offering) half a mill. At worst it will be capped apparently at $1M. I'm sure Pay is on far less than 500K a season so the club is saving big $$$ any which way.
 
Status
Not open for further replies.
Top