By Adam Pengilly and Adrian Proszenko
Jackson Topine’s father sent a text message to a Bulldogs official warning they would face a “civil case unheralded in your industry” before the NRL player launched a $4 million lawsuit against the club.
The Bulldogs have filed a defence to the Supreme Court action - which is poised to have major ramifications for professional sport - denying liability and arguing that Topine consented to a wrestling activity where he was forced to grapple with teammates individually.
The parties squared off in the NSW Supreme Court for the first time on Thursday, with admissions there are no immediate steps being taken to settle the dispute.
Topine, 22, is suing the Bulldogs for $4 million after, he says, he was left with a “psychiatric injury” due to the training activity, which Topine’s legal team has described as “deprivation of liberty” and “unlawful corporal punishment”.
The Bulldogs say Topine’s father contacted the Bulldogs claiming legal action was imminent after his son walked out on the club.
The Bulldogs will vigorously defend the allegations on behalf of the club and its head of strength and conditioning, Travis Touma, who oversaw the wrestling activity. The club will seek costs from Topine should the case fail.
Former Canterbury player Jackson Topine.Credit: NRL Photos
The club is also relying on a text message from Topine’s father, Marcus, who contacted a Bulldogs welfare official threatening a “civil case unheralded in your industry” and that it was “only out of respect of my son’s request that I am standing down for now”.
The allegations are made in Canterbury’s defence for the case, which is being headed up by Arthur Moses SC and King & Wood Mallesons.
Topine’s legal team lodged the Supreme Court action in April, with a statement of claim seeking damages of $4 million, alleging the Maori All-Star representative is incapable of returning to the sport and would have had a career spanning another 10 years.
The Bulldogs paid Topine for three months after the wrestling session, but the player’s lawyers claim no assistance beyond that was “improper” and “contrary to law” given his psychological injuries.
Topine claims he needed assistance to stand and walk at the end of the wrestling punishment, which allegedly included “30 to 35” teammates taking turns opposing him. His lawyers have described the incident as “assault”, “battery” and “humiliation”, which Canterbury has vehemently denied.
The Bulldogs will counter by saying the wrestling was a standard training punishment across NRL clubs and it lasted for only a maximum of six minutes, while they will rely on video evidence Topine trained unhampered for the next three days to dispute his claims. They have lashed the case against them as “misconceived and hopelessly embarrassing”.
The parties will reconvene for a further directions hearing on September 3.
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