Dundalk AFC Interim Company Ltd v F.A.I. National League
| Jurisdiction | Ireland |
| Judge | Finnegan J. |
| Judgment Date | 02 May 2000 |
| Neutral Citation | [2000] IEHC 57 |
| Docket Number | [2000 No. 4708P] |
| Court | High Court |
| Date | 02 May 2000 |
[2000] IEHC 57
THE HIGH COURT
BETWEEN
AND
Citations:
LONDON CO COUNCIL V VITAMINS LTD 1955 2 AER 229
R V KENT JUSTICES 1873 LR 8 QB 306
R V COWPER 1890 24 QBD 533
FRANCE V DUTTON 1891 2 QB 208
COLES V TRECOTHICK 1804 9 VES 234
GIBSON, IN RE 1949 2 AER 90
STROADS JUDICIAL DICTIONARY "SIGNED SIGNATURE"
Synopsis:
Sports
Sports; contract; registration of players; authorisation to sign registration form; deduction of league points; notice party, Kilkenny City F.C., had been deducted three points by defendant for fielding allegedly unregistered player in a particular league match; notice party had instituted proceedings against defendant seeking to have decision to deduct points quashed; matter had been referred to arbitrator, who had decided that particular match should be replayed; notice party had won match, thus regaining lost points; this had resulted in notice party, and not plaintiff, qualifying for promotion play-off match; plaintiff seeks to have original decision to deduct three points from notice party upheld; whether rules of defendant, by which both plaintiff and notice party are bound, permit the referral of disputes over the registration of players to an arbitrator; whether allegedly unregistered player had been eligible to play as a properly registered player in initial match; whether Manager of notice party had been properly authorised to sign registration form on player's behalf; whether defendant's rules should be construed so as to require a personal signature; whether signature had been properly witnessed.
Held: Application dismissed.
Dundalk A.F.C. v. F.A.I. National League - High Court: Finnegan J. - 02/05/2000 - [2001] 1 IR 434
The plaintiff initiated proceedings arising out of a match played between Kilkenny City Football Club ("Kilkenny City") and Limerick. Kilkenny City, the notice party to these proceedings, had originally beaten Limerick in a soccer match and as a result had finished above the plaintiff in the relevant table entitling it to a place in a play off. The plaintiff contended that Kilkenny City had included a player in the said match whom it was claimed had not been properly registered with Kilkenny City. As a result after investigation a decision was taken by the FAI to deduct three points from Kilkenny City. This in turn resulted in proceedings being undertaken by Kilkenny City. These proceedings were compromised in arbitration and the arbitrator decreed that the match in question be replayed. Kilkenny City won the match in question and the plaintiff then issued the instant proceedings claiming, inter alia, that the registration form had not been properly signed by the player at the centre of the dispute. It was not in dispute that the player had not signed the registration form but that the manager had signed the form. Finnegan J held that under common law a person can authorise somebody to sign a document on his behalf and that in effect is that person's signature. In addition as a rule of law a party to a document can witness his own signature. Accordingly the player had been properly registered and the plaintiff's claim would be dismissed.
Finnegan J. delivered the 2nd day of May, 2000.
The First named Defendant ("the league") consists of two divisions, the Premier Division and the First Division. At the end of the 1999/2000 season the bottom two clubs in the Premier Division will be relegated to the First Division and the top two teams in the First Division promoted to the Premier Division. The third last team in the Premier Division and the third team in the First Division will play off, the winner being in the Premier Division for the next season and the loser in the First Division. In this action it is sought to establish whether the Plaintiff ("Dundalk") or the Second named Defendant ("Kilkenny") has finished third in the First Division and so is entitled to a place in the play off and the opportunity for promotion to the Premier Division.
On the 13th November, 1999 Kilkenny played Limerick and included in their team Mr. Fran Carter. Mr. Carter had been signed by Kilkenny from Shelbourne F.C. However, he had previously been a retained player with Galway United and it appears that at the 13th November, 1999 Galway United considered him to be still a retained player. The matter came to the attention of the league and a meeting was arranged for the league's premises on the 13th November, 1999 at which the attendance of Mr. Carter, Mr. Pat Byrne, Kilkenny's manager and Mr. James Rhatigan, Kilkenny's secretary/general manager was requested. Mr. Rhatigan did not in fact attend the meeting but Mr. Christopher Bateman. Kilkenny's representative on the league's management committee represented the club in his place. The letter summoning Kilkenny to the meeting is dated 22nd November, 1999 and is in the following terms:-
"Dear Jim,
A meeting has been arranged in the F.A.I. Office at 18 Merrion Square, Dublin 2 at 4.00 pm on Tuesday, 13th November, 1999 by the league officers to discuss the signing of Fran Carter for Kilkenny City FC.
Please attend and ensure that Mr. Pat Byrne and Mr. Fran Carter are also in attendance.
Yours sincerely."
When the representatives of Kilkenny attended for the meeting they were met by Mr. Michael Hyland, the Honorary Chairman of the league and Mr. Donal Crowther, Executive Secretary of the league. At the meeting the circumstances of Mr. Carter's transfer were explained and discussed Mr. Carter was then asked to put his name and address on a blank sheet of paper. Mr. Hyland then informed the Kilkenny representatives that the signature on the registration form was not that of the player. Mr. Pat Byrne frankly admitted that he had signed the transfer form with Mr. Carter's name and said that he was authorised to do so.
Following that meeting Mr. Hyland and Mr. Crowther consulted with Mr. Menton, the Honorary Secretary of the league and as a result a decision was reached which was communicated to Kilkenny by letter dated 1st December, 1999...
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