Quinn v Darling Downs Rugby Union Inc.

District Court of NSW|2009-06-23|Before: Ms J

Background. Mr Quinn was appointed by the DDRU to be coach of the DDRU Under 19 2002 side after he submitted a written application for the position. Mr Quinn held a coaching position at the Gatton College Club (UQ-Gatton) in 2001. Mr Quinn now holds neither management nor coaching positions with that Club.

Mr Quinn was not provided with a letter of appointment by the DDRU (that will occur from Season 2003); however, he was informed by the DDRU President and Development Officer in the Development Office that he had no authority to commit any expenditure as Under 19 Coach. This occurred on the 16th January 2002.

It needs to be stated that all Mr Quinn's actions, and the expenditure that he has incurred relate to rugby training, competition and excursions to Ballymore. He also is in the habit of 'mentioning'; his plans to Individual Committee Members and the DDRU Development Officer; which he then interprets and argues as official concurrence for his expenditures.

One example: Mr Quinn gained a number of complimentary Super 12 tickets from the DDRU, he then booked a bus, took the Under 19 team to the game - charging them for their participation and presented the DDRU with the bus travel and other expenses. The money extracted from the players (without the concurrence or approval of the DDRU) is still to be accounted for.

Mr Quinn has acquired various rugby related material for rallie [sic] purposes which have all been billed to the DDRU. The DDRU cannot locate the exact whereabouts of these articles.

Mr Quinn booked a bus for his team to travel to Goondiwindi for an Queensland Country fixture, an internal DDRU trip, without DDRU authority and committed the DDRU to in excess of $800 for meals on the day.

Some of the bills presented to the DDRU have been processed by the Accounts Department of the UQ, Gatton Campus. Mr Quinn is a 55-year-old PhD Agricultural Science student who resides on the Gatton College campus, adjacent to the rugby playing fields. The DDRU intends to investigate the authenticity and accuracy of each account and, if necessary, advise the UQ Gatton Campus Manager that Gatton College has been a party to misrepresentation or fraud.

Stolen Property. Mr Quinn still has distinctive DDRU property, i.e. the 2002 DDRU Under 19 rugby jerseys, which he refuses to return. He was asked for these to be returned by a DDRU Committee member on the 8th June and again on the 22nd of June - on both occasions he admitted to having the jerseys in his possession and his intention not to return them. This is despite being directed to do so by a resolution of the DDRU Management Committee meeting held on the 3rd June, at which Mr Quinn was present. Mr Quinn was also asked to return the jerseys by the DDRU Open XV Captain on a number of occasions.

Mr Quinn attempted to conduct his own 'official' DDRU Under 19 Presentation Night at the University of Southern Queensland on 22nd of June. It was his intention to present the DDRU jerseys to the players. This event was interrupted by the DDRU President and a Committee Member where Mr Quinn, and his colleague, were informed of his legal position and of their intention to report the possession of DDRU property to the Queensland Police Service. This was done, the following Monday the 24th and a copy of that official complaint is attached.

Video Incident. Mr Quinn has forwarded video bills (for the filming of representative games) to the DDRU for the sum of $1,100 - this was after the DDRU Management Meeting of 3rd June where the Committee, expressed its surprise at the expenditure incurred, but nevertheless agreed that the bills had to be paid. At Mr Quinn's 'Presentation Night' individual videotapes were in Mr Quinn's possession to be presented to individual players. The person who provided these tapes claimed he had provided them to Mr Quinn at no charge.

Raffle. Mr Quinn distributed a number of raffle tickets to members of the DDRU Under 19 side under the guise of a DDRU approved raffle. This was done without the knowledge or approval of the DDRU. Mr Quinn charged the prizes and tickets for the raffle to the DDRU, again without authority. The response of the DDRU Management Committee is contained in Mr Hickey's letter to Mr Quinn of 6th June. Accordingly, Mr Sean Hale, the DDRU Treasurer attended the 15th June DDRU fixture at Gatton; Mr Quinn was not in attendance and could not be located. The Gaming Commission has been advised by the DDRU of the failure of Mr Quinn to act in accordance with Queensland Treasury requirements, a copy is attached.

Mr Quinn's Coaching Behaviour. Mr Quinn's behaviour following the defeat of the DDRU Under 19 XV could be described as obsessive and immature. Mr Quinn refused to accept the full-time score and provided video evidence of the 'referee's bias', represented himself to the QRU and to the individual referee - all on his own volition. Mr Luke Wyatt of the QRU has more detail on his episode, which might represent a violation of the QRU Coach's code of Conduct.

Inappropriate Behaviour. Mr Quinn has been accused by a number of the DDRU Under 19 XV of photographing their genital regions while they were urinating and despite their protestations. The DDRU received an anonymous undated letter in May; our resultant actions including emailing the QRU to inform you of this accusation and the interviewing of the Under 19 side to ascertain the truth of these accusations. As a result of this action two team members have been prepared to submit a written complaint. This complaint, dated 4th of July, is attached. As a result of these interviews, is was obvious that a number of players left the DDRU Representative Under 19 side because of Mr Quinn's 'approach' and his costly 'social activities'. The DDRU will be taking this complaint to the Queensland Police Service at Toowoomba.

There is another matter concerning Mr Quinn's actions in relation to an individual player, which is currently under review - the prime concern of the DDRU is for the well being of the player. It concerns the 'harassment' of, and the discomfort felt by that player, a DDRU Under 19 player (who is eligible to play Under 19 next year) who is on the UQ Gatton Campus - the same Campus that Mr Quinn resides. Mr Dominic Doyle, the DDRU Development Officer is the point of contact on this issue.

It is my firm belief that Mr Quinn uses his position as Coach and his 'perceived' power of that position to ingratiate himself to the members of the 2002 DDRU Under 19 XV. It needs to be stated that of the 40 players who represented the DDRU 2002 Under 19 XV, eight were present at Mr Quinn's 'Presentation Night.' The DDRU is acutely aware that the web of Mr Quinn's actions can be interpreted as 'misunderstandings' and 'boys' pranks'; nevertheless the actions of a 55 year old with 18 and some 17 year olds is very different to 'boys pranks' among peers.

Mr Quinn's modus operandi is a cleverly weaved plan of action intended to emphasis his power, his authority and his wherewithal in the eyes of his young charges. He has taken advantage of a part-time Sporting Committee to establish himself on his target market. The DDRU is aware that Mr Quinn previously coached a composite University side in Armidale in 1994. The DDRU has taken the following actions: · advised you of the 'camera' incident on 30 of May; · reported the illegal possession of DDRU property to the Police on 24th June; · advised the Gaming Commission of Mr Quinn's action;

The DDRU intends to report the 'camera incident' to the Police and to validate Mr Quinn's bills with the relevant merchants and, if necessary to advise the Gatton College Campus Manager of the consequences. It also intends to distribute to all DDRU Clubs the following Notice: "Mr Geoff Quinn was the DDRU 2002 Under 19 Coach. That position was declared vacant on 3rd June and subsequently; Mr Quinn has no coaching responsibilities for any DDRU XV. Further, Mr Quinn is not, and has never been a member of the DDRU Management Committee or its Executive."

The DDRU formally request that it be provided with legal access to clear this matter entirely. The DDRU believes that as a result of further investigations at least one player or players might require counselling and that Mr Quinn's rugby coaching accreditation should be withdrawn until his actions receive favourable review. The DDRU is aware of a number of players' parents very dissatisfied with Mr Quinn's treatment of their sons - we believe that a player's parent wrote the anonymous letter.

I find this entire matter tedious and distasteful. However, people who employ Mr Quinn's modus operandi bank on Committees such as the DDRU not 'grasping the nettle.' Mr Quinn, at the present time, is mounting a campaign against the DDRU quoting our current actions as motivated by vindictiveness and jealousy of his coaching success. I very much appreciate your assistance with this matter.

Yours truly MICK COOREY DDRU President

26th August 2002 40. Mr Jeff Miller Chief Executive Officer Queensland Rugby Union PO Box 205 KELVIN GROVE DC BRISBANE Qld 4059

Inspector Bill Knowles Inspector Toowoomba District Toowoomba Police Station 4/173 Hume Street TOOWOOMBA Qld 4350

MR GEOFFREY FRANCIS MICHAEL QUINN - UPDATE - MOST CONFIDENTIAL

I must express my disappointment for not having received any acknowledgement, or any other communication on this matter from the QRU or its management, since our registered communication was sent on 11th July. The only communication on this matter on behalf of the QRU has been a verbal assurance of legal support from Mr Wyatt in June.

This has been a very difficult matter to manage, and has taken up an extraordinary amount of time by the voluntary DDRU Management Committee. I can assure you all, that Mr Quinn's 'habits' are very common knowledge among the DDRU Under 19 XV members (and a significant number of parents) the UQ Gatton College Management Committee, the UQ Gatton 2002 Under 19 XV members, as well as the DDRU Management Committee.

I wish to now provide further assistance of Mr Quinn's modus operandi which conclusively reveals that his operating pattern in relation to the 2002 DDRU Under 19 XV was not an isolated incident.

UQ Gatton College Rugby Club - 2001 Incident. Mr Quinn was the UQ Gatton Rugby Club 2001 Under 19 Coach. An incident occurred during the Gatton Vs Goondiwindi fixture played at Goondiwindi. During the return bus trip from Goondiwindi UQ Gatton Rugby College have a quaint practice of 'travelling nude.' During this trip Mr Quinn took a series of photographs of the players, both Senior and Under 19. Mr Quinn refused to return the film when this was demanded by one of the UQ Gatton Club Committee, and the matter was resolved by the UQ Gatton Club.

Mr Quinn also incurred debts on behalf of the UQ Gatton Club, some of which are still to be resolved. Mr Quinn has no position in the UQ Gatton Rugby Club. However, the UQ Gatton Rugby Club has a very high attrition rate amongst its players and officials because of its 'isolated' University population. The 'corporate knowledge' concerning Mr Quinn can be easily lost within the UQ Gatton Club, allowing him the opportunity to continue operating in his own fashion. Attached is a statement by the 2002 UQ Gatton President, Mr Peter Wyman who, with Mr Kevin Anderson the Club Vice-President, are both prepared to make statements concerning this matter.

2002 DDRU Under 19 Incident. The second player involved has confirmed the incident of Mr Quinn photographing the two players urinating despite their protestations. He is in the process of forwarding a letter of complaint to the DDRU.

Update on Misrepresentation and Theft. Since the DDRU complaint to the Queensland Police and the Qld Gaming Commission, most of the articles related to the raffle have been forwarded to the DDRU - some monies are still outstanding. However, the DDRU Under 19 jerseys have not been returned to the DDRU are presumably are still in the possession of Mr Quinn. It can only be assumed that Mr Quinn intends to use these as a bargaining tool with the DDRU or the 2002 DDRU Under 19 players.

DDRU Management Committee Actions. The DDRU Management Committee, as advised in our July letter, on the 31st July sent a letter to all DDRU Clubs concerning Mr Quinn's position. A copy is attached.

Further the DDRU Management Committee has advertised for its 2003 Coaching positions. This was going to occur at the time; however, it is appreciated that this action does underplay Mr Quinn's declared position of occupying a DDRU Coaching position next year. A copy of the advertisement dated 17th August is attached.

The DDRU Management Committee has, through its Development Officer, kept in close contact with the UQ Gatton Under 19 player who has been harassed by Mr Quinn, and who was invited to his premises at night to discuss the 2003 DDRU Under 19 Team program. That player's mother has been also been advised of the situation and the actions of the DDRU.

Mr Quinn's Actions. Mr Quinn wrote to the DDRU President in July citing possible legal action against the DDRU or Individual officials

The DDRU Management Committee urgently seeks the following advice and assistance from the QRU: · Acknowledgement of this letter and the DDRU letter dated 9th July entitled 'Mr Geoffrey Quinn - Most Confidential' · Confirm the offer in writing of legal assistance if required - this was requested originally requested in July; · Confirm what action has been taken by the QRU on this matter; · Confirm the current status of Mr Geoffrey Francis Michael Quinn's current rugby coaching accreditation; · Advise whether the financial misrepresentation against the DDRU, UQ Gatton Rugby Club and the State Gaming Commission; the illegal possession of DDRU property resulting in Queensland Police action and the habit of taking images of rugby players in a naked condition in 2001 and 2002 by Mr Quinn does constitute 'conduct unbecoming' of an accredited coach and conduct likely to bring the game into disrepute? · Advise the DDRU what actions, and responsibilities, the DDRU and QRU have and need to be taken should Mr Quinn reappear as a Junior Coach in the Brisbane Sub-Districts competition - or any other sporting competition; · Advise the DDRU on its ability to communicate to all DDRU Clubs that Mr Quinn is a 'persona no grata' and is not to occupy any formal coaching or administrative positions in any DDRU Club; · What legal obligation does the DDRU and QRU have to the UQ Gatton? - considering that Mr Quinn has submitted false invoices through its Faculties which have been forwarded onto the DDRU, has harassed a student and occupies a house on campus adjacent to the UQ Gatton playing fields.

Att: Letter by Mr Peter Wyam, 2002 UQ Gatton Rugby Club President; DDRU letter to DDRU Clubs re Mr Quinn of 31 July; Advertisement for DDRU 2003 Representative Coaches;

Att:
Anonymous undated letter of complaint received by the DDRU in May 2002;
DDRU letter to QRU of 30th May;
DDRU Committee Minutes of 3rd June;
Letter from Mr Hickey to Mr Quinn re raffle, and subsequent conversation dated 6th June;
DDRU Report to Qld Police Service of 23rd June;
DDRU Report to Gaming Commission;
Letter of complaint to DDRU by player dated 4th Juy [sic] 2002.

Imputations pleaded in the Amended Statement of Claim

(a) The plaintiff inappropriately dealt with youth and finances. (Paragraph 6) (b) The plaintiff took offensive photographs of Under 19 rugby players. (Paragraphs 5, 7 and 55) (c) The plaintiff is not suitable to be involved in a schoolboy rugby match where minors are involved. (Paragraphs 5, 6 and 55) (d) The plaintiff was suspected of criminal conduct by the Police because they executed a search warrant. (Paragraph 7) (e) The plaintiff had been under investigation by taskforce ARGUS (QLD Police Service) for many years. (Paragraph 8) (f) The plaintiff is a paedophile. (Paragraphs 5, 6, 8 and 55) (g) That because of the plaintiff's involvement in a series of distasteful incidents whilst involved in UQ Gatton, and local Armidale rugby clubs the DDRU Management Committee terminated his employment as Under 19 representative coach. (Paragraphs 5 and 8) (h) The plaintiff fled to America to avoid investigation by the Police. (Paragraph 8) (i) The plaintiff had an improper pre-disposition for young males. (Paragraphs 8 and 55) (j) The plaintiff is a sexual pervert. (Paragraphs 5, 6, 8, 32, 35, 47, 49 and 55) (k) The plaintiff extracted money from Under 19 team players and has not accounted for it. (Paragraph 23) (l) The plaintiff has committed the DDRU to expenses without authority. (Paragraphs 21, 22, 25, 29, 30 and 48) (m) The plaintiff is dishonest. (Paragraphs 6, 21, 22, 23, 25 and 55) (n) By presenting bills to the DDRU for payment which had been processed by UQ Gatton Campus the plaintiff committed fraud. (Paragraph 26) (o) The plaintiff is a fraudster. (Paragraphs 26 and 55) (p) The plaintiff stole the 2002 DDRU under 19 Rugby jerseys. (Paragraphs 27, 35, 50 and 55) (q) The plaintiff is a thief. (Paragraphs 23 and 55) (r) The plaintiff failed to act in accordance with Queensland Treasury requirements when organising a raffle. (Paragraphs 30, 35, 50 and 55) (s) The plaintiff's behaviour following the defeat of the under 19 XV was obsessive and immature. (Paragraph 31) (t) The plaintiff photographed the genital regions of a number of under 19 XV players whilst they were urinating. (Paragraphs 32, 35, 49 and 55) (u) The plaintiff harassed an under 19 player. (Paragraphs 33, 53 and 33) (v) The plaintiff took photographs of naked rugby players when he should not have. (Paragraphs 47 and 55) (w) The plaintiff misappropriated money of the DDRU. (Paragraph 55)

DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.

Defamation Act 1974(NSW)

Defamation Act 1898(Qld)

CITATION: Quinn v Darling Downs Rugby Union Inc. [2009] NSWDC 145

BHP Billiton Ltd v Schultz (2004) 211 ALR 523 Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 Garsec Pty Ltd v His Majesty Sultan of Brunei [2008] NSWCA 211 Geelong Advertiser Pty Ltd v Bertolacci [2008] NSWSC 1363 Henry v Henry (1996) 185 CLR 571 CASES CITED: KBRV Resort Operations Pty Ltd v Chilcott [2001] NSWCA 116 Lamont v Dwyer [2007] ACTSC 47 Le Busque v ACP Publishing Pty Ltd [2006] ACTSC 46 McGregor v Potts [2005] NSWSC 1098 Oceanic Sun Line Special Shipping Co Inc v Fay (1988) 165 CLR 197 Simeone v Walker [2006] SASC 387 Voth v Manildra Flour Mills Pty Ltd (1990) 171 CLR 538

[7] A defendant who objects to the hearing of proceedings in New South Wales and seeks a transfer to another state has several courses available, the most commonly used being an application under cross-vesting legislation: BHP Billiton Ltd v Schultz (2004) 211 ALR 523; Le Busque v ACP Publishing Pty Ltd [2006] ACTSC 46 ("Le Busque"); Lamont v Dwyer [2007] ACTSC 47; Simeone v Walker [2006] SASC 387 ("Simeone"). This is an expensive and time-consuming process for both parties. The application usually made to the District Court is for a stay pending an application in the Supreme Court for a transfer, as matters are transferred first to the Supreme Court and then to the interstate Supreme Court: see for example Geelong Advertiser Pty Ltd v Bertolacci [2008] NSWSC 1363. Another alternative is to file a Notice of Discontinuance in the District Court and start again, as the plaintiff attempted to do in very similar factual circumstances in KBRV Resort Operations Pty Ltd v Chilcott [2001] NSWCA 116.

[12] The defendants point to the following matters in support of the application: (a) The applicable law is the law of Queensland, which is a significant factor in relation to convenient forum, for the reasons explained by Brereton J in McGregor v Potts [2005] NSWSC 1098 at [48] ( "McGregor "), where his Honour said:

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