The High Court will rule early next month on an application by the Tug of War's international governing body to dismiss an application brought by an Irish club who claim that they were wrongly disciplined for refusing to compete in an International competition.
The action against The Tug of War International Federation (TWIF), headquartered in Lucerne, Switzerland arises out of decision by St Patrick's tug-of-war club, based in Hackballscross, Louth not to pull because a rival team was wear wearing alleged "illegal" running shoes during the semi finals of the World Indoor Championships in 2006.
However sanctions were taken against St Pats, who were fined and suspended for a period from taking part in competitions.
As a result St Pat's club member Nicola Conway, O'Hanlon Park, Dundalk, Co Louth brought proceedings against the TWIF and two of its officials: honour life President Co Koren and President Cathal McKeever.
Proceedings were taken against the Irish Tug of War Association (ITOWA), however that action has been settled.
In her action against TWIF Ms Conway, who opposed the application to strike out the proceedings, is seeking a number of declarations and orders including one preventing that the defendants from suspending or expelling the St Pats club and its members and or preventing them from taking part in national and international events.
She is further seeking declarations that the defendants acted contrary and ultra vires by allowing a team compete in the 2006 event with non-compliant footwear, that the results of the 2006 competition and all the disciplinary sanctions taken against St Pats be declared null and void.
Today at the High Court TWIF brought a motion seeking to have the motion struck out on a number of grounds including that the claims are frivolous and vexatious, are an abuse of process and that the reliefs sought are moot.
The TWIF further argues that the claim lacks jurisdiction as TWIF is based in Switzerland.
Ms Conway has opposed TWIF's motion and claims that her action is relevant given the punishment that the club and members received.
Today, after considering submissions from both sides Ms Justice Mary Laffoy said that she was reserving her decision and would give a ruling early next month.
St Pats was sanctioned by ITOWA after the club withdrew from the semi-finals of International World Indoor Championships at Killarney in February 2006.
St Pats and two other semi- finalists complained that a rival English squad were wearing "illegal" running shoes.
Kilroe from Manchester were accused of not wearing regulation shoes, prompting the three teams to ask Kilroe to change their shoes.
The team refused to do so and the other three teams, including St Pats, all pulled out of the championship. The refusal led to St Pats receiving a €1,000 fine and a year-long suspension from the ITOWA.
However St Pats claims that the TWIF demanded tougher sanctions from the Irish association leading, the club claims, to its effective exclusion from competing in world games.