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We've finally had something go our way.............
A court has ordered a former Carlton AFL footballer to bear all costs of legal action against his club over a career-ending injury.
Adrian Whitehead, a 1995 premiership player, had tried to sue the club for undisclosed damages over a foot injury he says he received in the 1997 season.
He claimed he was not warned he risked injury by playing after being given a pain-killing injection before a round 20 match and later suffered a career-ending foot injury.
In July this year, Victorian Supreme Court judge Justice David Byrne ruled in a preliminary hearing that Whitehead was an employee entitled to payment under the Accident Compensation Act at the time of his injury.
This precluded him from bringing the action against the Carlton Football Club and former club doctor Phillip Perlstein, he said.
In a hearing, Justice Byrne ruled Whitehead was liable for all costs incurred by the defendants in the case.
While the amount was not disclosed, a source close to the case said it could run to more than $100,000.
Whitehead could also incur further costs at a hearing on November 4 when Justice Byrne will determine whether Whitehead should pay costs for insurers acting for the club and Dr Perlstein.
Lawyers for Whitehead have indicated they will appeal Justice Byrne's July ruling.
A court has ordered a former Carlton AFL footballer to bear all costs of legal action against his club over a career-ending injury.
Adrian Whitehead, a 1995 premiership player, had tried to sue the club for undisclosed damages over a foot injury he says he received in the 1997 season.
He claimed he was not warned he risked injury by playing after being given a pain-killing injection before a round 20 match and later suffered a career-ending foot injury.
In July this year, Victorian Supreme Court judge Justice David Byrne ruled in a preliminary hearing that Whitehead was an employee entitled to payment under the Accident Compensation Act at the time of his injury.
This precluded him from bringing the action against the Carlton Football Club and former club doctor Phillip Perlstein, he said.
In a hearing, Justice Byrne ruled Whitehead was liable for all costs incurred by the defendants in the case.
While the amount was not disclosed, a source close to the case said it could run to more than $100,000.
Whitehead could also incur further costs at a hearing on November 4 when Justice Byrne will determine whether Whitehead should pay costs for insurers acting for the club and Dr Perlstein.
Lawyers for Whitehead have indicated they will appeal Justice Byrne's July ruling.
