Clubs get injunction preventing IABA from becoming limited company
Members and officials representing Dublin's boxing clubs have secured an injunction preventing the Irish Amateur Boxing Association from turning itself into a limited company.
Today at the High Court, individual members Dublin's boxing clubs, including members of the Dublin County Board of the Irish Amateur Boxing Association (IABA), were granted an interlocutory injunction by Mr Justice Garrett Sheehan preventing the IABA, whose HQ is at the National Stadium, South Circular Road, Dublin 8 from winding itself up and transferring all its operations, business and assets to a new company limited by guarantee.
The injunction will remain in place until the case has been fully determined by the High Court.
In their action the members of the Dublin County Board claim that the IABA's decision to incorporate itself, taken at an Extraordinary Convention held on July 26 last, was in violation of the association's own constitution and rules.
The Dublin Co Board members had claimed that the decision was illegal on grounds including that the memorandum and articles of association for the new company had not been circulated among the members as required.
Further grounds included that the IABA's decision to incorporate itself could note be made at an extraordinary convention but rather at the IABA's annual general meeting, and that the voting process at the convention was unsatisfactory.
The IABA, represented by Michael McDowell SC denied the claims. Counsel argued that the decision was approved at the IABA's Extraordinary meeting by a two-thirds majority following a democratic vote by the association's membership, and that sufficient information about the change had been provided.
Counsel further argued that the decision to incorporate was recommended as part of a report about Irish amateur boxing carried out by Genesis, the strategic management consultancy firm which was asked to examine how boxing was being run north and south of the border.
However Mr Justice Sheehan granted the injunction after holding that the Dublin County Board had an arguable case in relation to the claim that members were deprived of essential information required to allow them consider the IABA proposals in a fair and timely manner.
The Judge said he did not accept that the Dublin clubs had an arguable case that would merit an injunction being put in place in relation to the other grounds they had advanced.
The Judge said that he was anxious that the full hearing of the action be heard as early as possible. He adjourned the case to November, when a date for the hearing would be fixed.
