*302 Greig and Others v Insole and Others 1977 G. No. 22461977 J ...

[1978] 1 W.L.R. 302 Page 16
[1978] 1 W.L.R. 302 [1978] 3 All E.R. 449 (1978) 122 S.J. 162 [1978] 1 W.L.R. 302 [1978] 3 All E.R. 449 (1978)
122 S.J. 162
(Cite as: [1978] 1 W.L.R. 302)
acquire television rights. These beliefs, in my judgment,
motivated and explain a number of his subsequent
actions.
VII The origin of the World Series Cricket project
and the enlistment of the plaintiff cricketers
At the end of 1976, Mr. Packer, who had previously
had nothing to do with the promotion of cricket,
was approached by a Mr. John Cornell, a director of
the plaintiff company, which was then known as
J.P. Sport Pty. Ltd. and was concerned with the promotion
of sport. At that time Mr. Packer had no
shareholding or other interest in it, but he subsequently
acquired this. Mr. Cornell or his company
had been asked for advice and help by Mr. Dennis
Lillee, a distinguished Australian cricketer who was
dissatisfied with the financial rewards available to
cricketers in Australia. Mr. Cornell put to Mr.
Packer the idea of promoting a “world series” of
cricket matches to be played principally in Australia
in the Australian summer, in which many or
most of the world's best players would take part.
The idea interested Mr. Packer because, according
to his evidence, he thought that it would be attractive
to cricketers and to the public and would produce
lucrative profits for his organisation.
Personally, or by his agents, Mr. Packer invited in
secrecy the reactions to the world series project of a
number of top class cricketers of various nationalities.
If he had been rebuffed, the project would never
have got off the ground. Instead, the cricketers
responded with what he described as frightening
alacrity. The project attracted them, he said in evidence,
and I have no reason to doubt this, for two
principal reasons: first, because they were excited
at the prospect of playing cricket with the best international
players, selected on grounds solely of
ability and without any regard to political considerations,
and secondly, because it would offer them
security and high financial reward. He commented
that their reactions in response to his invitation by
themselves indicated their dissatisfaction with the
financial conditions under which they had previously
been working.
Between January 10, 1977, and April 29, 1977, Mr.
Packer or other representatives of World Series
Cricket signed on in secrecy 18 Australian cricketers
under written contracts. The evidence before
me suggests that these cricketers included all, or almost
all, of the persons who would then have been
regarded as the best cricketers eligible to represent
Australia.
One of them, Mr. Ross Edwards, has given
evidence in these proceedings. Having for some
years played in the Western Australia side, he was
selected to come to England with the Australian
touring team in the 1972 English summer. In the
winter 1972–73 he then took part in an Australian
home series against Pakistan and at the end of
March 1973 he went on an overseas tour to West
Indies. The following year the Australians took a
team to New Zealand for which Mr. Edwards was
not selected. He was however selected for the visit
of the Australians to England in the summer of
1975. Later in 1975 he carried out a decision he had
made in December 1974 by retiring from Test and
inter-state cricket. He explained *319
in evidence the reasons for his retirement. He
was and is a qualified chartered accountant and for
some years had attempted to run cricket and his accountancy
career in double harness. The financial
rewards which he had derived from Australian
cricket, however, were insignificant in comparison
with the money which he had received from his
other professional career. He had a wife and young
family from whom cricket often kept him apart. He
decided that there was no sufficient future for him
in the game, which had already prejudiced his accountancy
career, and that, despite his own enjoyment
of it, he must give more priority to the interests
of his family. Money was the primary reason
why he retired from Test and inter-state cricket in
1975. Money was also the main reason which made
him decide to return to the top class game, when he
had the offer to play in World Series Cricket. He
referred in his evidence to two other leading Australian
cricketers who had retired from first class
cricket but have been brought back into the game
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