A damages lawsuit brought by a former rugby league player over a 2012 shoulder charge ought to be heard this year, says a judge who's lambasted lawyers in the case.
Michael Greenfield is suing the Australian Rugby League Commission, saying shoulder charges should have been banned before the then-Melbourne Storms player was seriously injured in a May 2012 game against the Brisbane Broncos.
In the NSW Supreme Court on Wednesday, Justice Peter Garling dismissed a motion relating to a subpoena saying it was "a disgrace" the parties have been discussing the documents for nearly three years during which time the case had not progressed.
"It is time the parties in this case took their obligations seriously and proceeded expeditiously to bring this matter to a hearing," he said.
"Litigation, particularly of this kind involving serious injury, is not a game engaged in by thrust and parry between lawyers avoiding the real issues."
He indicated the parties ought to be ready for a hearing before the end of the year.
Summarising the lawsuit, the judge said Greenfield argues he is now unable to play rugby league and obtain financial benefits from his skills.
The ex-player says he suffered his serious injury as a result of a shoulder charge - "a physical manoeuvre which was permitted to occur in national rugby league games but was previously banned for players under the age of 18".
Greenfield contends that before May 2012 the commission knew that data showed the average impact force of a shoulder charge tackle was significantly higher than in a conventional front-on tackle which greatly increased the risk of injury.
The shoulder charge was outlawed for the 2013 season but Greenfield says the rules should have been changed earlier. The case was adjourned to April 18.
Australian Associated Press
