Court hears settlement talks between ex-rugby star Shane Byrne and Oxigen Environmental intensify

Shane Byrne outside the High Court last month. Pic: Collins

Former Ireland rugby star Shane Byrne was in the Four Courts today as the High Court adjourned the legal dispute involving him and his brother William with Oxigen Environmental over the operation of a waste disposal company as settlement talks intensify.

An application to have a provisional liquidator appointed to the company in which the Byrne brothers are involved – AWD Waste Solutions Ltd - was also adjourned as the High Court heard that it is likely the petition application will not be proceeding and no others, including Revenue, are likely to be taking over the petition.

Mr Justice Michael Quinn adjourned the case to next week.

Counsel for Oxigen Environmental, Martin Hayden SC asked that the application for the petition be adjourned.

Counsel for the Byrne brothers, John O’Donnell SC asked that orders made previously by the court, including that the use of a waste permit be extended, continue. The case will come back before the court next week.

The parties, in what is described as a bitter dispute, commenced discussions last week after it was revealed the Byrne 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 on how the affairs of the waste disposal company were being conducted. The Byrne brothers denied all allegations.

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

The brothers denied any wrongdoing and said the actions were brought because Oxigen wanted to force them to sell their shares in AWD, and cause maximum damage to their reputations.

In separate, but related, proceedings commenced earlier this month, Oxigen claimed AWD is insolvent and seeks to have a provisional liquidator appointed to the company.

The brothers, opposing the application contend the company is solvent and should not be wound up.

Talks between the sides began after the court heard the brothers sought an adjournment of Oxigen's application seeking to have a provisional liquidator appointed.

The High Court previously heard the brothers were prepared to offer Oxigen €1.5m for its shares in the business.