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

[1978] 1 W.L.R. 302 Page 21
[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)
tuted shall from time to time decide but so that the
moneys paid to that fund shall not be or be deemed
to be assets of the promoter.
“5. The player acknowledges that he is
aware that the promoter plans to promote organise
and conduct from time to time series of matches
outside Australia and he undertakes and agrees at
the direction of the promoter to participate as a
player in all or any of those series as shall be conducted
during the said term subject to the promoter:
(a) providing economy class air travel from and
*324 on return to his normal
place of residence and (b) the other provisions of
this agreement where applicable being applied to
that tour.”
Clause 5 thus, according to its terms, entitles
World Series Cricket, if it thinks fit, to require a
player to play in matches outside Australia. On
June 23 1977, however, Mr. Packer informed the
ICC that it was not his intention to make use of the
clause unless the actions of the cricketing authorities
forced him in self-defence to go elsewhere and
the truth of this statement of his intentions has not
been challenged in evidence. Clause 6 of Mr.
Greig's contract provides:
“The promoter will pay to the player as the full and
only moneys payable to him under or pursuant to
this agreement: (a) for his participation in each tour
in Australia a total fee of $30,000 being at the day
rate of $545.45 for each of the aforesaid 55 play
days. The said fee shall be payable as to $10,000 on
the day of the signing of this agreement, as to a further
$10,000 immediately following the completion
of the third test match or on January 5 in that season
(whichever shall be the earlier) and as to
$10,000, on completion of the tour; (b) for each
tour outside Australia a total fee in the same
amount and payable in the same way as set out in
paragraph (a) above provided however that if the
number of play days in that tour differs from 55
then the said total fee shall be reduced or increased
by deducting therefrom or adding thereto an
amount to be calculated at the rate of 2 per cent. of
the said total fee for each day of difference as the
case may be.”
Clauses 7, 8, 9 of Mr. Greig's contract confer rights
or impose obligations on the parties which are in
terms limited to the duration of a “tour” or are at
least dependent upon a “tour” taking place. Clause
10 provides that the benefit of the contract shall be
assignable by the promoter. Clauses 11 declares in
effect that the law of the State of New South Wales
shall be the proper law of the contract.
The defendants never saw a copy of any of
the World Series contracts until after the issue of
the present proceedings. Having now seen samples,
however, their counsel submit that they are on the
face of them wholly void, substantially on the following
grounds. Though clause 1 defines a
“season” as meaning the period commencing on
September 1 of a year and ending on March 30 in
the next calendar year and “tour” as meaning and
including 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, the clause in terms imposes no obligation
on the promoter actually to “specify” any part
or parts of a “season” so as to constitute a “tour.”
Clause 2 does no more than define the term of duration
of the contract. Under clause 3 (a) the player
undertakes during such term to do a number of specified
things in each “tour” in the 1977, 1978 and
1979 seasons, in particular on the direction of the
promoter, to play in the matches of a “tour” for
which he is chosen by the promoter, subject to the
55 days' limit of time referred to in the proviso to
sub-clause (i) Under clause 3 (b), the player undertakes
not to do a number of specified things during
the whole of the term of the contract, his obligations
in this instance not being limited to the subsistence
of the various “tours.” None of the provisions
of clause 3, however, expressly impose any
obligation on the promoter to specify or arrange a
“tour” and the same *325 observation
applies to clause 4, which, though it imposes certain
obligations on the promoter towards the player,
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