Club Statement: Round 19 loss to North Queensland Cowboys

The argument put forward on behalf of the Wests Tigers centred on what was perceived to be the absence of a decision by the referee which was the subject of the Captain's Challenge as well as a determination as to when the game was actually concluded. Robust and earnest discussions were undertaken together with a detailed review of the relevant NRL and International Rules of the game.

It was conceded by the NRL that there was sufficient ambiguity within the rules, as currently drafted, to give support to the argument put forward by the Wests Tigers. Conversely, the ambiguity in the rules also provided support for the argument put forward by the NRL that what occurred on the conclusion of the match was permissible.

As to the conclusion of play, the NRL took comfort in the NRL's Operational Rules which provided that it was the referee who was vested with the sole discretion as to when the game was to conclude at either half-time or full-time following the sounding of the siren. It was also provided in said rules that the referee may extend a match, to either award a penalty or complete the play, and that same again fell within the referee's discretion.

As to the Captain's Challenge, the NRL argued that it was the decision of the referee to stop play that was being challenged. That is, the Cowboys took the point that the decision to stop play was an incorrect one in light of the earlier indiscretion alleged to have occurred, to wit, the alleged escort.

Wests Tigers has taken independent legal advice and in light of same, the Board has determined, albeit reluctantly, not to take any further action so far as the NRL is concerned with a view to overturning the result of the match. The essence of the advice received from Senior Counsel is as follows:

“I agree with your legal analysis in the note to the Board. Especially in noting that there are very cogent arguments available both ways. The difficulty would be in persuading the Supreme Court that:

• despite the ambiguity, there was here a clear case of ultra vires such that the Court could determine the justiciability of that;

• is there any utility in the grant of declaratory relief, when, apart from who ends up in the Top 4, very little else turns on the outcome.”

Litigation is, at best, inherently risky and Wests Tigers is not prepared to commit to what would be speculative litigation particularly in light of the cogent arguments which are available to both parties. Wests Tigers is also cognisant that pursuing the matter through the courts will be a distraction for the NRL, particularly as we approach the end of this season and may therefore not be in the best interests of the game as a whole.

The arguments which have been put forward have, quite properly, identified deficiencies within the Rules which will now receive appropriate attention. On season's end, Wests Tigers, other Clubs and stakeholders, will be consulted for the purpose of re-drafting the rules to remove any ambiguity, to the extent that same is possible, so that there is no opportunity of there being a repeat of the matters of which complaint has been made.

All of us at Wests Tigers have been overwhelmed and humbled by the support that we have received from our members and fans. We readily accept that the decision not to take this matter further may prove to be disappointing to many. We are hopeful that our reasons for same will be understood.

We have made our point to the NRL and made it forcibly. We did so on behalf of our members and fans and gave voice to their legitimate concerns that the outcome of the match was not just nor fair. We extracted a concession from the NRL that the obstruction penalty which was given was erroneous and therefore, by implication, Wests Tigers should have won that match. We know it, everyone knows it. Unfortunately, the history books will not record it that way.

So far as the Wests Tigers is concerned, it is now onwards and upwards. We will put this matter behind us, look forward to finishing out the year on a high note and then turn our attentions to what will no doubt be a very exciting 2023.