BOXING EXECUTIVE ASKS FOR INJUNCTION

Chronicle (Levin), 3 May 1947, Page 3

BOXING EXECUTIVE ASKS FOR INJUNCTION

-Press Association

By Telegraph-

WibJ-1-Ll.iN Lt jl UJN , J>lay "Tlie committce oi tlie Hutt Valley Boxing Association passed a resolution to the effect that they were of the opinion that Brosnan's disloyalty in carrying conlidential information to the Boxing Council as to purses paid was eontrary to the interests of the association and he should be expelled," said Mr. B. E. Harding • in the Supreme Court today presenting a motion to strike out the statement of claim by William Matthew Brosnan on the latter's motion for an interim injunction to restrain the association from preventing him from exercising the rights and privileges of membership of the association. Mr. Harding 's submissions were heard hrst, and-Mr. E. F. Bothwell, for the plainliff, had begun-his submissions when Mr. Justice Cornish 'adjourned the hearing until 10 a.m. tomorrow owing to the Oourt's having to resume a criminal trial at 10.30 a.m. today. In his statement of claim, the plaintiff alleged that no full inquiry had been held by the association as required under the rulcs and the persons who had purported to resolve npon his expulsion were not a properly constituted committee of flic association and were not competent to expel him; therefore the purported expulsion was a nullity and inoperative. Mr. Harding said that the committee had given the plaintiff a copy of the evidence in advance of the nieeting which considered his case, and plaintiff attended the nieeting, which he said had no jurisdietion. "If the committee had failed to acf judicially, it was for the plaintiff to prove it," said Mr. Harding. "There is no suggestion tliat the committee itself failed to act judicially, but it is alleged in the statement of" claim that no full inquiry was held under rule 7 (b) by the association as distinct from the committee. T am prepared to agree that the association did not meet and hold an inquiry. The rule savs that the committee can expel him and the association shall hold a full inquiry. To my mind, tliat means that the inquiry can be held by the committee." Constitution of Committee. The plaintiff had maintained that the persons who expelled him, owing to a flaw in their election, were not the committee, nor had they gone tli rough the proper motions for expulsion. "He does not attempt to suggest that he did not deserve to be expelled, but' that the expulsion was informal," added Mr. Harding. "Brosnan is askIng for an injiinctloii 'restraiiiing th& association l'rom doing something which he says the association lias not done to him effec'tively. " Mr. Harding also submitted that 'the plaintiff had ebicted to seek a remedy that was not, in the cireuinstunces, open to him. His remedy was to bring an actiori for a declaration that he was still a member of the association. It was against the persons who passed the resolution that lve wanted an injunction and they should be joined as defendants. Mr. Bothwell replied that the question of wliether the association was bound by the acc of what was deenied an improperly constituted committee had been considered. Speed of action was important, owing to the imminenee of the association's annual nieeting. Long drawn out proceedjngs woultl have been ineffective. The letter purporting to be a notification of expulsion had been signed by the secretary of the association anrl therefore purported to be an oflicial act of the association. At that ' stage, the plaintiff had a right of action either for an injunction against the association to prevent the purported expulsion from being carried furtlier or for a declaration that he still remained a member. He was still entitled to proceed for an injunc-

tion where he toared further damage may be done. At this stage the hearing was adjourned.