Shareholder loses case against Bunclody Golf and Fishing Club
Bunclody Golf and Fishing Club is just a name, one dissatisfied shareholder was told by Judge John Cheatle.
Keen angler Seamus Holmes of 147 New Oak Estate, Carlow sued Bunclody Golf and Fishing plc, Carrigduff for failure to live up to the ‘Fishing’ part of the title.
He came to the District Court in Wexford seeking a refund of money – around €7,000 - he paid to join the company in the hope of casting his hook into the Slaney.
But he was told that he should have read the fine print in documents which made no mention whatever of fishing.
The 66-year-old Carlow man, now retired from his career in construction, told the court that he also played golf, having been a member of the club in Kilerrig for at least eight years.
He explained how he was attracted to Bunclody G&F by golf professional Ian Kerr, a director of the company at the time, whom he met at the latter’s driving range.
He signed up as a shareholder but never became a regular golfer in Bunclody which would have cost him a further €800 per annum.
He took part several times in fourballs at the course and made enquiries as to when the fishing would become available, each time being told it was not yet arranged.
The company’s adviser, chartered accountant Stefan Asple, was in court to explain that 250 shareholders were recruited in the period 2006 to 2008 in order to fund the building of the course.
He pointed out that the plaintiff was entitled to sell his share but reckoned it was now worth around €50.
While there are fishing rights associated with the land, no mention of fishing was made in the shareholder’s perspective.
Company director Nicholas Byrne confirmed that the Slaney runs beside some of the 18 holes on the course.
However, he recalled that the river was closed to fishing at the time that the land was purchased.
‘I am not a fisherman,’ said Byrne. ‘It was never advertised as a fishing club. It was just a name.’
He knew of just one other golf club in the country with a similar name, in Killarney.
Judge John Cheatle agreed that the club is a golf club and the €7,000 paid by Seamus Holmes for his share was the equivalent of the signing on fee which is normal in such clubs.
The title apparently included ‘Fishing’ in an effort to differentiate it from other clubs in its recruiting campaign.
The plaintiff told the court he did not familiarise himself with the small print of the prospectus but the judge ruled it was his responsibility to do so or to take professional advice.
Holmes was not the victim of misrepresentation, was the decision of the court. Case dismissed.