Courts / Wexford / Report

Company won't mediate with former rugby star Shane Byrne, court told

Summary

The High Court has adjourned proceedings between Oxigen Environmental and former rugby international Shane Byrne and his brother William, who are directors of AWD Waste Solutions Ltd. The matter, brought under the Companies Act, concerns allegations regarding the conduct of AWD's affairs, including claims that company books were removed or destroyed, monies were missing, and cash payments were made for services invoiced at significantly reduced rates. Oxigen also alleges the brothers used company funds for personal expenses and seeks to buy out their 49 per cent shareholding. The Byrne brothers deny wrongdoing, alleging the injunctions are intended to force a share purchase and damage their reputation. Counsel for the brothers, Richard Kean SC, sought an adjournment to reply to a recent affidavit and to allow independent auditors to complete their report, which is expected to take two to three weeks. He also noted that Oxigen had rejected a mediation offer, prompting a motion to compel mediation listed for next month. Oxigen's counsel, Ronnie Hudson BL, stated the company was not prepared to mediate at this stage, citing the involvement of the Office of the Director of Corporate Enforcement, the Revenue Commissioners, and An Garda Síochána. Ms Justice Reynolds agreed to adjourn the case for one month to allow the auditors to conclude their investigation. The interim injunctions previously granted, restraining the disposal or destruction of AWD's records, and the undertakings given by the defendants remain in place.

Who, what, where, when and why

What: Report matter: Company won't mediate with former rugby star Shane Byrne, court told. Procedural stage: charge_or_pretrial

When:

• 2019-10-29 Publication

Why: The Byrne brothers deny any wrongdoing and allege the injunction was brought because Oxigen wants to force the purchase of their shares in AWD and wants to cause maximum damage and irreparable damage to their reputation. CNI source report

Case subjects

Places mentioned

Topics

Stage Charge Or Pretrial

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Read the original CNI report