Walsh v Butler
| Jurisdiction | Ireland |
| Judge | Mr. Justice Morris |
| Judgment Date | 21 January 1997 |
| Neutral Citation | [1997] IEHC 9 |
| Docket Number | No. 1361P/1993 |
| Court | High Court |
| Date | 21 January 1997 |
AND
[1997] IEHC 9
THE HIGH COURT
Synopsis:
Contract
Preliminary issues; plaintiff claimed injury as a result of negligence on part of rugby club; whether plaintiff member of club at time of injury; rugby club rules; membership procedures; payment of subscriptions and election by general committee of club; contractual relationship between members and club; Registration of Clubs (Ireland) Act, 1904; whether formal election provisions can be set aside; lapse of membership Held: Plaintiff not a member of the club at time of injury (High Court: Morris J. 21/01/1997)
Walsh v. Butler & Ors.
[1997] 2 ILRM 81
Citations:
REGISTRATION OF CLUBS (IRL) ACT 1904 PARA 4
Judgment of Mr. Justice Morrisdelivered on the 21st day of January, 1997.
This matter comes before the Court on foot of an Order made on the 23rd October, 1995 directing that a preliminary issue should be tried in this case. This Order was subsequently varied so as to include provision that a second issue be tried as a preliminary issue. The Order of the 23rd October, 1995 as drawn leaves room for some uncertainty as to precisely what issue is to be tried as a preliminary issue and accordingly I believe that the following represents a statement of the issues which the parties require me to determine at this hearing:-
1. Was the Plaintiff a member of the Bandon Rugby Football Club on the 25th March, 1990 and on the 12th April, 1990?
2. If the answer to the first question is in the affirmative, is he precluded by reason thereof from maintaining these proceedings against the 12th, 13th,14th, 15th, 16th and 17th named Defendants in their capacity as Trustees of the Bandon Rugby Football Club and/or the Club itself?
It has been agreed by Counsel that the Court will try the first of these issues and postpone argument on the second issue to a later date.
The Plaintiff claims to have suffered an injury while playing rugby for Bandon Rugby Club. The relevant facts are as follows.
The Bandon Rugby Football Club has been in existence for approximately 140 years. Up to 1979, the Club had no formal structure in as much as it had no constitution or rules. At or about that time, premises were acquired and a decision was taken to apply for a club licence for the sale of intoxicating liquor. Application was made to Cork Constitution Rugby Club and they provided, as a precedent, a copy of their rules. Armed with these rules as adapted and the other formal proofs, Application was made to the Court and the appropriate Order was made for the granting of the certificate under the Registration of Clubs (Ireland) Act, 1904.
These rules are headed "Rules as amended at Annual General Meeting, 1979".
The Bandon Rugby Football Club continued to operate successfully since that time but the members of the Club have paid virtually no regard to the rules with the exception that various Committees were created and an Annual General Meeting of the Club was held in accordance with Rule 11 for the purpose of receiving reports from the General Committee and a Statement of Accounts from the elected Officers and Committees. Specifically, the procedure prescribed by the rules for the election of members was never followed (as provided by Rule 9). Instead, the Club operated on an informal basis by attracting young people directly onto the pitch, training them and absorbing them into one of the teams. As team members, they were required to pay an annual subscription which was collected by theteam captain. However, no action was taken against anybody who failed to pay a subscription.
The Plaintiff was born on the 17th August, 1968 and he started to play rugby with the Bandon Rugby Football Club in the season 1982/83. He was found to be a very valuable team member and was promoted to the first team and in the year 1989/90 was elected vice-captain of the first team. Because the captain, Mr. Slattery, sustained an injury the Plaintiff took over as team captain and in his capacity attended Committee meetings and carried out the functions of a team captain. He paid the appropriate subscription in the season 1987/88 and, on the evidence, I am satisfied that he again paid his subscription in the year 1988/89. There is no evidence that he paid for the year 1989/90. In the year 1988/89, the Plaintiff was awarded the title of "Clubman of theYear".
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