Titikaveka Rugby League Club Inc. v Cook Islands Rugby League Association Inc. [2013] CKHC 64; OA 3.2013 (17 May 2013)

IN THE HIGH COURT OF THE COOK ISLANDS
HELD AT RAROTONGA
(CIVIL DIVISION)

OA NO. 3/2013

IN THE MATTER of the Declaratory Judgments Act 1994

BETWEEN

TITIKAVEKA RUGBY LEAGUE
CLUB INC.
Applicant

AND

COOK ISLANDS RUGBY LEAGUE
ASSOCIATION INC.
Respondent

Date: 7 May 2013

Counsel: Mr T Manarangi for the Applicant
Mr H Matysik for the Respondent

Judgment: 17 May 2013

RESULTS JUDGMENT OF THE HON. JUSTICE DAME JUDITH POTTER

[1] The Applicant's Application for Declaratory Orders dated 3 May 2013 is determined as follows:

i) The application for a declaration that the amendment to rule 5.7 (1) for the 2013 competition which defined an overseas player as a non Cook Islander who had not continuously resided in the Cook Islands for 12 months prior to the start of the season is of no effect, is dismissed.

ii) The application for a declaration that the determinations of the Executive Council of the respondent in paragraph 14 of the Statement of Claim are of no effect, is dismissed.

iii) The application for a declaration that the penalty imposed by the Executive Council is of no effect, is dismissed.

Judith Potter, J