Show Jumping Association restrained from voting on proposal to remove its chair and three directors

Mr Justice Garrett Simons told barrister Martin Canny, counsel for McFadden, Neal Doherty, Derek Reid and Aldyth Roulston, he would “with great reluctance” grant an injunction on the eve of the meeting at which a vote was to be taken.
Show Jumping Association restrained from voting on proposal to remove its chair and three directors

High Court Reporter

The Show Jumping Association of Ireland has been restrained in the High Court from voting on Tuesday on a resolution proposing to remove its chairman, Des McFadden, and three other directors from the board.

Mr Justice Garrett Simons told barrister Martin Canny, counsel for McFadden, Neal Doherty, Derek Reid and Aldyth Roulston, he would “with great reluctance” grant an injunction on the eve of the meeting at which a vote was to be taken.

Mr Canny, who appeared with Marcus Hanahoe of M.E. Hanahoe Solicitors, told Judge Simons that a disciplinary process that might lead to the termination of his clients’ directorships had been commenced by the Association and most likely supported by eight named directors.

The eight directors involved were identified as Marguerite Ryan, Ballinbarna, The Rower, Thomastown, Co Kilkenny; Taylor Vard, Hillside Stud, Ballyedmonduff, Stepaside, Co Dublin; Melvyn Kennedy, The racecourse, Danesfort, Co Kilkenny; Tony Hurley, Forest Lodge, Cullen, Mallow, Co Cork; Tomas Ryan, Mill Road, Thurles, Co Tipperary; Aideen Kirby, Coosane, Birdhill, Limerick, Co Limerick; Tommy Gibbons, Mayfield, Rooskey, Claremorris, Co Mayo, and Kenneth Feeney, Cluan Na Cathrach, Caheroyan, Athenry, Co Galway.

The resolution to have been voted on had called for a decision on whether McFadden, Doherty, Reid and Roulston should be removed from the board and its standing committees on the basis that they had failed to properly inform the board on the content and extent of litigation involving the Association’s Ulster Region against a former treasurer there.

Mr Canny told Judge Simons that a letter had been sent by Mr Hanahoe to the Association last week, but had not been responded to, and a legal team had been working over the weekend on Mr McFadden and his colleagues' behalf to bring injunctive proceedings before the High Court.

Mr McFadden, of Kilens Road, Mountfield, Omagh, Co Tyrone, said in written evidence that if not restrained, the Association’s dismissal of him and his three colleagues would cause catastrophic and irreparable and irremediable damage to their good names and reputations.

He stated such dismissals as planned could undermine court proceedings in Northern Ireland against former Ulster Region Treasurer Allison Mercer, who, he claimed, had failed to account for certain monies following queries that had been raised by the Association’s auditors.

“To avoid unnecessary use of the words purported and supposed…the court will note that we are challenging whether the meeting was properly called (for tomorrow) or whether the proposed resolution is properly before the board of directors for a vote,” Mr McFadden said.

McFadden said companies under his management had turnover of between 10 and 20 million pounds a year and employed about 100 employees with offices in Northern Ireland, the Republic of Ireland and Scotland.

He said Neal, a quantity surveyor, was chairman of the Ulster Region finance committee. Reid, a member of the Ulster Region Committee, had not always been popular with equestrian centres and those gaining financially from the sport, but had stood by his principles. Ms Roulston was heavily involved in show jumping and had served as chef d’équipe for the Irish pony team in the past. All feared being deeply damaged if the vote to dismiss them went ahead.

Judge Simons said he would bring the matter back before him in the fastest possible time and put the proceedings in for consideration on Wednesday.

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