What re­ally went down in Point clubs dis­pute

The Mercury - - OPINION -

IN AN AR­TI­CLE that ap­peared on Septem­ber 5, re­gard­ing the dis­pute be­tween the Dur­ban Un­der­sea Club (DUC) and the Point Yacht Club (PYC), events were re­ported out of con­text.

In June 2016, the DUC chair­man de­clared that should the PYC so wish, the DUC would va­cate the PYC club­house with­out a prob­lem. This is recorded in PWC (Point Water­sport Clubs) min­utes.

In Sept 2016, the DUC re­pu­di­ated the man­age­ment agree­ment. The DUC was in fact in breach, hav­ing never paid the PYC what it owed.

The DUC then asked to en­ter a new agree­ment with the PYC, with­out ad­dress­ing what it owed.

The PYC re­fused and no­ti­fied the DUC that no agree­ment now ex­isted and it would there­fore be mov­ing back into its club­house.

The DUC threat­ened to in­ter­dict the PYC should it try to do so.

The PYC brought a counter-ap­pli­ca­tion to have the DUC re­moved.

The DUC waited a year un­til the court date of Septem­ber 1, 2017, and be­gan to move two weeks be­fore.

They be­gan to strip as­sets from the PYC club.

When chal­lenged, the DUC agreed to cease re­mov­ing as­sets un­til our au­di­tors met and this was recorded in writ­ing.

The DUC re­neged on this agree­ment and gut­ted the PYC be­fore the meet­ing.

The PYC sub­se­quently agreed to the re­moval of as­sets paid for by the DUC, upon pay­ment of its debt to the PYC. An amount was paid, how­ever, the DUC re­moved what it had paid for as well as the PYC’s as­sets, equip­ment and fur­ni­ture. The sug­ges­tion of “im­prove­ments” is far-fetched as the club was ren­dered un­us­able. The DUC claims some PYC state­ments to be defam­a­tory. We in­vite the DUC to act if this is true.

CRAIG MILLAR Past com­modore Point Yacht Club

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