IRISH golf professional John McHenry has begun a High Court action for over €1 million he claims he is owed by the owners of a “super exclusive” golf club.
McHenry Golf Ltd, a company established by the Corkman, a former director of golf with the K Club, has brought the action against businessman Alastair Jackson and his companies, the EASSDA Group Ltd and EASSDA Ireland Ltd.
Mr McHenry claims he was retained under a contract dated January 2007 by EASSDA, which initially involved setting up and running a luxurious golf facility at Moyvalley, Co Kildare, which opened last year.
He claims the agreement contemplated the execution of a further formal contract but this was never executed by the defendants, and instead the January 2007 contract stood.
He had received the first €200,000 instalment of a €1 million non-refundable retainer to be paid over two years, along with €250,000 a year for consultancy services in years one to three of the five-year arrangement.
However, he had received just €200,000 of the retainer, plus payments for consultancy services for the period up to October 2007. It had become apparent there were difficulties with the concept of a super exclusive golf club, particularly during an economic downturn, he said.
After payments were not made as agreed, Mr McHenry said he was forced to instruct solicitors. A settlement was reached in November 2007 between lawyers under which the defendants were to pay him a total of €1.25 million by way of instalments at agreed times in full discharge of their obligations.
Mr McHenry said it was agreed that if there was default on one instalment payment, the entire amount would become due. He said the first payment of €200,000 was made by December 15, 2007, but Mr Jackson had in later December told him he would not be paying the second stage payment.
Mr McHenry said he believed there was no good reason for their not complying with the terms of the settlement. His lawyers had had considerable difficulty serving the proceedings on the defendants, he added.
© Irish Examiner Ltd. All rights reserved