An ex-NRL club captain could be thrust into the witness box to detail an allegedly humiliating wrestling punishment at the centre of a fellow player's $4 million lawsuit.
Jackson Topine alleges he was unlawfully punished and suffered humiliation and mental injury after being ordered to wrestle dozens of teammates after arriving late to a Canterbury-Bankstown Bulldogs training session in 2023.
Topine's lawyers expect then-captain Raymond Faitala-Mariner and NSW State of Origin representative Tevita Pangai Jr will help support the young player's claim.
But attempts to have them outline their version of events in sworn statements before an expected trial have so far failed.
Once a trial date is set in June, Topine's barrister Shane Prince SC said he could start requesting court orders for the players to give evidence.
"That might advance matters," NSW Supreme Court Justice David Davies said on Wednesday.
"There's nothing like being served a subpoena."
Topine alleges he was forced to wrestle up to 35 teammates in quick succession for being late to a 90-minute wrestling session.
The Bulldogs have stood by the punishment, issued by high-performance manager Travis Touma, saying it lasted no more than six minutes and was "of-a-kind of disciplinary responses that is common among NRL clubs".
Topine is expected to subpoena six former Bulldogs including Faitala-Mariner, overseas-based Pangai Jr and Jayden Okunbor, Manly prop Chris Patalo, Cronulla fullback Khaled Rajab and de-listed Dragons prop Fa'amanu Brown.
But the Bulldogs' barrister was scathing of the failure to outline what each nominated player was expected to tell a trial.
Such evidence was normally presented before a civil trial, with a deadline for Topine to file non-expert evidence passing in January.
"It's not an ambush or a Where's Wally trip when you're conducting proceedings in this court," barrister Arthur Moses SC said.
"The touchstone is fairness - fairness in conduct of the trial, to the defendant and to the court."
He also challenged the suggestion players were not being co-operative.
Justice Davies asked whether Mr Prince would examine the players "blind" in the witness box if they kept quiet before trial.
Topine's lawyer suggested that was the only option available.
"So far as we know, the evidence they will give will be as set out by Mr Topine in his statement," Mr Prince said.
Justice Davies ordered Topine to serve the club with an outline of the players' expected evidence within a week.
He must also be assessed by a psychiatrist appointed by the Bulldogs by mid-April.
The matter returns to court on June 10 to fix a date for the hearing, which is expected to run five days.
Topine played 16 NRL games and one for the Maori All-Stars before the July 2023 incident.
His statement of claim said he had suffered "ongoing incapacity to play" and the club should not have stopped paying his wages in November 2023.
Topine is pursuing up to $4 million in damages based on the average wage of players across an NRL career span.
