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

[1978] 1 W.L.R. 302 Page 20
[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)
of the tours hereinafter specified and as the promoter
hereafter may from time to time require and
generally to participate as a playing member in
each of those tours.
“Whereby it is agreed and declared that the promoter
engages the player to provide his services
and the player agrees to provide his services to the
promoter for the purposes for the term and on and
subject to the terms and conditions herein set forth,
that is to say: 1. Where herein appearing the expression:
‘season’ shall mean the period commencing
on September 1 of a year and ending on March 30
in the next calendar year and each season shall be
identified by the year in which the month of
September falls. ‘Tour’ shall mean and include the
duration of that part or parts of a season as shall be
specified by the promoter from time to time and the
matches to be played in that period. ‘Venue’ shall
mean the cricket ground selected by the promoter
for the playing of a match of a tour. 2. The term of
this agreement shall be for 36 calendar months
commencing on September 1, 1977 (hereinafter referred
to as ‘the said term’).”
Clause 3, omitting certain sub-paragraphs,
then reads: *323
“The player undertakes and agrees that during the
said term: (a) he will in each tour in the 1977, 1978
and 1979 seasons: (i) on the direction of the promoter
unless prevented by illness or accident or for
any other reason satisfactory to the promoter play
in the matches of a tour for which he is chosen by
the promoter and will at all times play to the best of
his ability and skill provided however that the player
shall not be required to play for more than 55
days in the aggregate in any one tour (apart from
the two days referred to in clause 4 (b) hereof) but
subject always to the provisions of clause 5 hereof,
(ii) punctually attend at such times and places as
the promoter may direct for the purpose of playing
the aforesaid matches or for practice or otherwise
as the promoter may require … (b) he will not: (i)
play in any cricket match other than a match of a
tour without the consent in writing of the promoter
first had and obtained, (ii) appear on radio or television
nor grant interviews for nor write nor submit
articles for publication in any newspaper magazine
or periodical except in each case as first authorised
in writing by the promoter, (iii) give endorsements
for goods of any nature nor allow his name or photograph
to be used for promotional or advertising
purposes except as first authorised in writing by the
promoter.”
I mention in passing that the starting date of
“the season” in Mr. Greig's contract is said to be
September 1 and the ending date is said to be
March 30. On June 23, however, Mr. Packer informed
the ICC that, while the starting and finishing
dates of the contracts varied, his aim was to
play cricket from the end of November until the
middle of February. He then repeated this statement
in evidence and it has not been disputed that it represents
his intentions. Clauses 4 and 5 then read:
“4.The promoter undertakes and agrees that during
each tour it will: (a) pay to the player an allowance
of $30 per each day of the tour to cover his cost of
accommodation and meals and will pay economy
class air travel between venues and transportation
between accommodation and venue but excluding
freight or charges on luggage in excess of that determined
by the promoter and the player undertakes
to pay any such excess; (b) organise and conduct a
two day limited-over match in Australia and pay
the whole of the cash receipts from that game (after
deduction of all reasonable and actual expenses) to
a players provident fund to be established by a
committee to be constituted by a nominee of the
promoter and two nominees to be appointed by the
majority of those players who take part in the 1977
season tour and being generally for the benefit of
those players and of players in future tours and being
more particularly for the purposes and to the
extent and on and subject to such rules as regards
membership of the fund entitlements thereunder
and the nature of the benefits to be provided by that
fund as that committee as then or thereafter consti-
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