Injunctions ‘like a spear tackle’ for Byrne brothers
BUSINESSMEN VOW TO ‘FULLY RESPOND’ TO CLAIMS MADE IN THE HIGH COURT
yesterday (Tuesday, October 15), Shane Byrne was in court.
Mr Kean, for both brothers, sought an adjournment to prepare a full sworn statement responding to the claims by Oxigen.
While the Byrnes would comply with the court’s orders, which were appropriately made on the evidence before the judge last week, that compliance was not to be regarded as any admission of the claims made, counsel said.
Mr Hudson said Oxigen wanted an additional order, restraining the brothers from ordering material for the company or invoicing customers of the company for work done.
The judge remarked that application appeared to arise from a newspaper article of October 10 last, which referred to Mr Byrne donating garden equipment to Aughrim Tidy Towns.
Oxigen claimed in an affidavit that donation was done without its consent and Mr Byrne had sent in an invoice which, Oxigen claims, showed disregard of Oxigen’s interests.
The judge remarked the article, where Mr Byrne had donated garden equipment using an old company name, appeared to have ‘fuelled the flames’.
She granted a two-week adjournment on Mr Byrne’s undertaking that ordering and invoicing is limited to the actual business of the company and also urged the sides to consider mediation of the dispute.
Earlier, in seeking the adjournment, Mr Kean said ‘feelings are running high’ and the effect of this matter on his clients was like the spear tackle.
It had lead to very catastrophic adverse publicity when there have been no findings of fact and Mr Byrne sees some of the contents of Oxigen’s affidavit as ‘very egregious and very damaging’, he outlined.
When Mr Kean said Mr Byrne had agreed to independent auditors being appointed, Mr Hudson said Mr Byrne had agreed in principle to auditors but auditors were only allowed in on Monday to the premises.
Mr Kean said that was ‘hotly disputed’ and Mr Byrne was ‘absolutely appalled’ by Oxigen’s assertion he prevented independent auditors attending at the AWD premises.
The judge said the material before her last week concerning a company ‘caused me concern’ and, having regard to it, and being told undertakings had not been forthcoming, the order made was appropriate but she understood there is ‘another side’.
Mr Kean said the undertaking was sought as Mr Byrne was ‘walking into a room’. He said Oxigen, a 51 per cent shareholder, was seeking to buy the shares of the respondents and Mr Byrne got short notice of the auditor’s appointment.
‘Our affidavit will illustrate the truth.’
Mr Hudson said it was only on Monday this week the auditors gained entry and his instructions were the auditors were prevented from entering before that by Mr Byrne.
Oxigen has lost confidence in Mr Byrne and had sought but got no explanations for cash discrepancies, he said.
Mr Byrne continues to be paid his salary on a without prejudice basis, he added.