A BLOODSTOCK agent has failed to get a High Court order restraining a couple training and racing a valuable horse pending resolution of a dispute over ownership of the animal.
Hugo Merry, Kilshannig Stud, Rathcormack, Cork, has brought proceedings against Charles Colthurst and Caroline Myers of Turret Farm, Blarney Estate, Cork, alleging he is 60 per cent owner of the five-year-old gelding, Blarney Highwayman, worth between €100,000 and €200,000.
He claims he entered into a partnership agreement two years ago with the defendants over the future upkeep and training of the gelding, now in their possession.
Mr Colthurst and Ms Myers deny any partnership agreement and claim Mr Merry gifted the animal to them after it was found to have a physical defect, “ringbone”.
They claim he told them to “shoot it” if it eventually became lame. The horse did a lot better at the races than originally anticipated, they also said.
Last month, Mr Merry obtained a temporary injunction restraining the defendants doing anything to reduce the value of the animal.
Mr Colthurst and Ms Myers then applied to have the injunction discharged and Ms Justice Mary Laffoy yesterday agreed to do so. She ruled damages were an adequate remedy should Mr Merry succeed at the full hearing.
James Nicholson for Mr Merry, said his client proposed the horse be sold at next August’s Doncaster sales and the money be lodged in court pending a full hearing of the ownership issue.
Stephen Lanigan O’Keefe SC, for the defendants, said the horse was on two months rest and was due to return to training in July.
Horse trainer Aidan Maguire of Mallow, Cork, said in an affidavit he believed, for the animal’s value to be preserved, it was essential it be trained in the normal way and run in races.