Talks to resolve dispute at company part owned by ex-rugby star Shane Byrne at advanced stage

Shane Byrne pictured at the Four Courts today. Picture: Collins Courts

Talks are at an advanced stage aimed at resolving a dispute between Oxigen Environmental and ex-rugby star Shane Byrne and his brother William over the operation of a waste disposal company, the High Court has heard.

The parties, in what is described as a bitter dispute, commenced discussions after it was revealed the brothers were prepared to offer €1.5m to Oxigen for its shares in the company at the centre of the dispute

AWD Waste Solutions Ltd.

The brothers, who are directors and have operated the company for many years, hold a 49% shareholding in AWD while Oxigen, which became involved in the firm eight years ago, holds 51%.

Last year Oxigen secured interim injunctions against the brothers, arising from allegations how the waste disposal company's affairs were being conducted.

Oxigen's concerns about the conduct of the affairs of AWD include claims books and records of the company were removed and destroyed, that monies may be missing, and about payments being made in cash.

The brothers deny any wrongdoing and say the actions have been brought because Oxigen wants to force them to sell their shares in AWD, and want to cause maximum damage to their reputations.

In separate, but related proceedings commenced earlier this month, Oxigen represented by Martin Hayden and Ronnie Hudson Bl, claims the company is insolvent and seeks to have a provisional liquidator appointed to the company.

The brothers, represented in court by John O'Donnell SC and Richard Kean SC, have opposed that application. They say the company is solvent and should not be wound up.

The application to appoint a provisional liquidator came before Mr Justice Michael Quinn today.

The Judge, after the sides asked for time to allow talks take place, was informed this evening by Mr Hayden that discussions aimed at resolving all of the proceedings were at an advanced stage.

On consent the judge agreed to adjourn the matter to next week. If matters have not been resolved then the application to appoint a provisional liquidator will go ahead, counsel said.

The talks commenced after the court heard that the brothers sought an adjournment of Oxigen's application to have seeking to have a provisional liquidator appointed.

Oxigen claims AWG is insolvent and unable to pay its debts of over €490,000.

Oxigen, the court also heard was no longer prepared to allow AWD to collect and dispose of waste under a permit obtained and held by Oxigen.

The removal of the permit effectively meant AWD could not operate its business.

Oxigen said it took this step because AWD had been fined €500 by Wicklow for a breach of the permit's conditions and did not inform Oxigen about the matter.

Mr Hayden said Oxigen was concerned at the serious implications of the breach because if there were two more breaches of the conditions by AWD Oxigen, as the holder of the waste permit, could end up being prosecuted.

Lawyers for the brothers claimed the removal of the permit was an attempt to strangle the brother's business and was part of the plan to stymie the Byrnes and force them to sell their shares in the company.

The court heard that the brothers were prepared to offer Oxigen €1.5m for its shares in the business.

They claimed that the removal of the permit would result in rubbish piling up in customer's gardens and would damage the business.

Following the talks between the parties it was agreed that the the permit would be reinstated, allowing AWD to collect waste, until the matter returns before the court next week.

In proceedings brought by Oxigen's last year, under provisions of the Companies Act, concern the conduct of the affairs of AWD and include a bid to buy out the brothers' shareholding.

It claims that cash jobs invoiced for emptying septic tanks, which should have been charged at €250, were allegedly only charged at one cent on the company invoices.

This it is claimed left cash unaccounted for in the company. Oxigen also alleges the brothers wrongly used company monies for personal expenses.

Those concerns were outlined in its application for an injunction when Oxigen secured temporary orders restraining the disposal or destruction of the books and records of AWD pending further order.

Oxigen's claims of wrongdoing are all denied by the brothers.