[2018] IELCA 4 THE HIGH COURT COMMERCIAL 2015 NO. 114 SP (2015 NO. 54 COM) IN THE MATTER OF THE BLARNEY WOOLLEN MILLS GROUP BETWEEN FREDA HAYES PLAINTIFF AND PATRICK KELLEHER, ROBERT REARDON AND FRANK KELLEHER DEFENDANTS RULING ON PLAINTIFF’S COSTS TAXED PURSUANT TO ORDER OF THE COMMERCIAL COURT DATED 8 OCTOBER 2015 This action was pursued by Special Summons in the Commercial Court, by the Plaintiff Ms Freda Hayes, the CEO and largest shareholder in the Blarney Woollen Mills Group (“the Company”), against the Defendants, all being shareholders in the company. The Action was concerned with the construction of certain provisions of a Shareholders’ Agreement dated 3 March 2000 in conjunction with the Company’s Articles of Association. In essence, the Plaintiff’s claim was for a determination by the Court regarding the correct construction of the contractual provisions governing the extent of her voting rights as a shareholder of the company. By order dated 18 May 2015 the proceedings were admitted to the Commercial list of the High Court. The background underlying the Action is comprehensively set forth in the Plaintiff’s Affidavit which both grounded the Special Summons and an application for admission of the Action into the Commercial Court list. The Judgment delivered by Barrett J on 31 July 2015 also provides detailed historical information. In her grounding Affidavit sworn on 11 May 2015, the Plaintiff set out that she had left the company in 1992 and had set up and run the very successful “Meadows and Byrne” company. The Plaintiff rejoined the Blarney Woollen Mills company in the year 2000, and which arrangement involved a merger of the two entities. The rationale behind this arrangement is set out at paragraph 6 of the Plaintiff’s grounding Affidavit as follows-: “6. In 2000 my brother Patrick Kelleher asked for my help in reorganising the “Blarney Woollen Mills” business which was continuing to suffer as a result of ongoing discord between family members. In essence the plan which was ultimately agreed upon involved merging the “Blarney Woollen Mills” and “ Meadows and Byrne” businesses. While I readily accepted that dividends
[2018] IELCA 4 THE HIGH COURT COMMERCIAL 2015 NO. 114 SP (2015 NO. 54 COM) IN THE MATTER OF THE BLARNEY WOOLLEN MILLS GROUP BETWEEN FREDA HAYES PLAINTIFF AND PATRICK KELLEHER, ROBERT REARDON AND FRANK KELLEHER DEFENDANTS RULING ON PLAINTIFF’S COSTS TAXED PURSUANT TO ORDER OF THE COMMERCIAL COURT DATED 8 OCTOBER 2015 This action was pursued by Special Summons in the Commercial Court, by the Plaintiff Ms Freda Hayes, the CEO and largest shareholder in the Blarney Woollen Mills Group (“the Company”), against the Defendants, all being shareholders in the company. The Action was concerned with the construction of certain provisions of a Shareholders’ Agreement dated 3 March 2000 in conjunction with the Company’s Articles of Association. In essence, the Plaintiff’s claim was for a determination by the Court regarding the correct construction of the contractual provisions governing the extent of her voting rights as a shareholder of the company. By order dated 18 May 2015 the proceedings were admitted to the Commercial list of the High Court. The background underlying the Action is comprehensively set forth in the Plaintiff’s Affidavit which both grounded the Special Summons and an application for admission of the Action into the Commercial Court list. The Judgment delivered by Barrett J on 31 July 2015 also provides detailed historical information. In her grounding Affidavit sworn on 11 May 2015, the Plaintiff set out that she had left the company in 1992 and had set up and run the very successful “Meadows and Byrne” company. The Plaintiff rejoined the Blarney Woollen Mills company in the year 2000, and which arrangement involved a merger of the two entities. The rationale behind this arrangement is set out at paragraph 6 of the Plaintiff’s grounding Affidavit as follows-: “6. In 2000 my brother Patrick Kelleher asked for my help in reorganising the “Blarney Woollen Mills” business which was continuing to suffer as a result of ongoing discord between family members. In essence the plan which was ultimately agreed upon involved merging the “Blarney Woollen Mills” and “ Meadows and Byrne” businesses. While I readily accepted that dividends
%5B2018%5D%20IELCA%204%20-%20Hayes%20v%20Kelleher%20%26%20Ors..docx