Battle of the bins Ex-rugby star Byrne settles legal dispute with waste firm
Brothers are delighted the final whistle has been blown
A “BITTER” legal row involving ex-ireland rugby star Shane Byrne and a waste company was settled yesterday.
The High Court heard Shane, 48, and his brother William were in dispute with Oxigen Environmental over the operation of AWD Waste Solutions Ltd.
After the hearing, the Byrnes said: “Shane and William Byrne and our families are delighted to announce the proceedings brought against us have been struck out in their entirety with no order against us.
“We have reclaimed ownership of our family business which was never insolvent and is thriving.
“None of the allegations made against us and our families were ever proven or proceeded with in court and our position has been totally vindicated.”
The parties first came before the High Court last October and informed Mr Justice
Michael Quinn all matters had been resolved and the proceedings could be struck out.
Counsel for Oxigen Martin Hayden said the sides engaged in “fruitful” talks and all matters were resolved.
Richard Kean SC, for the Byrnes, who rejected Oxigen’s allegations of wrongdoing over the company, expressed his clients’ “gratitude to the court”.
He added the brothers, who had also rejected Oxigen’s claims the company was insolvent, were delighted “the final whistle had been blown”.
Mr Justice Quinn welcomed the settlement and struck out the proceedings.
No details of the settlement were aired in open court.
The parties started discussions late last month after the High Court heard the brothers were prepared to
Shane in action for Ireland offer €1.5million to Oxigen for its shares in the company.
Under an arrangement entered into eight years ago, the Byrnes, who were directors and have ran the company for many years, owned 49% of AWD while Oxigen held 51%
The dispute arose last year when Oxigen secured interim injunctions against the brothers, arising from allegations how the waste disposal company’s affairs were being conducted.
Oxigen’s concern included allegations that books and records of the company were removed and destroyed, that monies may be missing, and about payments being made in cash.
It also claimed cash jobs invoiced for emptying septic tanks, which should have been charged at €250, were allegedly only charged at 1c on invoices.
This it was claimed left cash unaccounted for. In proceedings brought under the Companies Act, which included a bid to buy out the brothers’ shares, Oxigen also alleged they wrongly used company monies for personal expenses.
The brothers strongly denied Oxigen’s allegations against them.
They claimed the proceedings were brought because Oxigen wanted to force them to sell their shares in AWD, and wanted to cause maximum damage to their good names.
In separate, but related proceedings, Oxigen claimed the company was insolvent and sought to have a provisional liquidator appointed to the
company.
The brothers application.
The Byrnes also claimed that application was an attempt by Oxigen to put them out of business.
RICHARD KEAN SC HIGH COURT YESTERDAY
also
opposed
that