Thirty one members of the Dublin County Amateur Boxing Board have been told by a judge to pay a €60,000 costs bill arising out of an unsuccessful legal foray against their parent body, the Irish Amateur Boxing Association.
Barrister Caroline Costello, S.C., told the Circuit Civil Court that three years ago the 31 defendants failed in the High Court to restrain a decision of the IABA to change its status to that of a limited company.
Ms Costello, who appeared with Edward Farrelly for the Association, said costs of €34,200 had been awarded against them and had unlawfully been paid out of Dublin County Board IABA funds.
Circuit Court President, Mr Justice Matthew Deery, granted the Association judgment for €34,200 on the grounds that IABA funds had been misapplied to pay their costs bill. He also directed them to pay the current Circuit Court costs estimated at more than €25,000.
The defendants are (Dublin or Co Dublin) :- Arthur O’Brien, Woodelay Park, Dundrum; Philip Sutcliffe, The Bellgree Boulevard, Tyrellstown; Patrick and Olive Keogh, Tranquility Grove, Woodville Park Estate; Robert Redmond, Parkview, Portmarnock; John Aylward, Grange Park Rise, Raheny; William Bonney, Donaghmede Drive, Raheny; Patrick Brady, Castle Park, Tallaght; Noel Burke, Avonbeg Drive, Tallaght; Alan Coyne, Monkstown Boxing Club; Patrick Delaney, Beresford Street; Noel Doran, Coultry Crescent, Ballymun; Jimmy Flynn, Belclare Way, Popintree; Danny Halligan, Sandyford Park; Glen Holmes, Swan Grove, Ranelagh; Patrick Hyland, Rathmintin Crescent, Jobstown; John Paul Kinsella, Lamba Apartments, Monkstown; Joseph Lawlor, Clonshaugh Avenue, Coolock; Liam Mooney, Crumlin Boxing Club; Pat Morrissey, Carndonagh Road, Donaghmede; Paul McNamara, Maddens Lane, Ballybrack; Joseph O’Neill, Rivervalley Grove, Swords; Eugene Prunty, Portmarnock Drive, Portmarnock; Dave Redmond, Sandyford Boxing Club; Sean Reed, The old Orchard, Red Gap, Rathcoole; John Roberts, The National Boxing Stadium; Patrick Smith, Galtymore Drive, Drimnagh; William Stacey, Kilcarrig Crescent, Fettercairn, Tallaght; Kevin Tipper, Cherbury Park Road, Lucan; Ronald Woods, St Fintans Road, Cabra and Elizabeth Earl, Rockview Close, Portlaoise, Co Laois.
Ms Costello told Judge Deery that the defendants had decided to go against the majority decision of the IABA to go by way of a limited company and purported to give an indemnity to themselves out of the funds of the County Board which was an organ of the Association.
Don Stewart, chief executive officer of the Association, told the court that the defendants had sought to restrain by court injunction the reorganisation of the unincorporated Association.
“They have taken monies which did not belong to them and which were for the use of the Boxing Association and at best were held on trust by them for the objective of the Boxing Association and have used them to fund their own personal litigation against the Association,” he said in an affidavit.
The Association received funding from the Government through the Sports Council and from sponsors and it was absolutely imperative that all funds were accounted for and were utterly transparent.
He said the only issue between the parties was as to whether the defendants were entitled to use association funds in this way.
Judge Deery said there was no power under the rules of the Association to pay the legal costs of the 2008 High Court action they had taken and ruled that the funds had been misapplied.