The hearing dates for the case against the South West Rocks Country Club and former CEO David Grant Cunningham have been deferred.
Subscribe now for unlimited access.
or signup to continue reading
The hearing dates were originally set down for December 2023, before they were rescheduled to be held later this month on May 20, 21 and 22, 2024.
The case was listed for mention before Magistrate Juliana Crofts in Kempsey Local Court on Wednesday, May 15.
Cunningham, 54, appeared before Magistrate Crofts and told the court he is no longer legally represented as his previous lawyers could no longer represent him or the club due to a "conflict of interest".
On May 2 South West Rocks Country Club said in a statement the board had made the decision to "part ways with the CEO (Cunningham)".
Cunningham told the court the previous lawyers for both parties were in a "position where they could no longer represent [either party]".
![The case against the South West Rocks Country Club and former CEO David Cunningham has faced a further delay. Picture, Google Maps and inset picture of Cunningham by Ellie Chamberlain The case against the South West Rocks Country Club and former CEO David Cunningham has faced a further delay. Picture, Google Maps and inset picture of Cunningham by Ellie Chamberlain](/images/transform/v1/crop/frm/ruby.pascoe/a62080ad-4b30-4a56-b066-dba2961ee768.png/r0_0_4032_2267_w1200_h678_fmax.jpg)
Magistrate Crofts said she understands there is a "volume of material" in the case that would "take time to get across" for new defence lawyers.
Neha Evans, appearing via audio visual link on behalf of the country club, said she is in a "similar situation" to Cunningham after having only come onto the case a few days ago.
Magistrate Crofts described the situation as "complicated" and said Cunningham no longer being employed by the club has created further complications.
The club and Cunningham are facing up to 16 charges relating to alleged breaches of liquor licensing and registered club laws, from September 24, 2022 to January 4, 2023.
Thirteen of the charges which the club and Cunningham have pleaded not guilty to relate to the events of September 24, 2022, when South West Rocks man and former professional surfer Chris Davidson died following an alleged altercation with Grant David Coleman outside of the club.
Cunningham and the club have both pleaded guilty to charges relating to the wrestling's "Summer Meltdown Tour 2023" on January 4, 2023.
The club has also entered a guilty plea to a charge relating to the "Alter Ego" music event on September 16, 2022.
Both events allegedly failed to comply with club licence conditions.
Magistrate Crofts granted the application to defer the hearing to allow Cunningham and the club's legal representation to get across the "significant volume" of information relating to the case.
The case will return to Kempsey Local Court on June 13 for mention.
"[The case timeline] is starting to get a bit long," Magistrate Crofts said.
"It's very disappointing, but it is no fault of the defendant."
The new hearing dates are expected to be set down at the next court appearance.