WORLD champion boxer, Steve Collins, was told yesterday that he can contest a £165,500 claim against him in the Irish courts if he lodges that amount in the High Court within four weeks.
The President of the High Court, Mr Justice Costello, gave his decision yesterday on a challenge by Mr Collins to a judgment for £165,000 against him in the Irish courts last November following earlier proceedings in the US. Further proceedings between the sides are before the US courts.
The November decision was in favour of a US boxing manager, Mr Pasquale Petronelli. During a three day hearing last week, Mr Collins claimed he should not have to pay the money to Mr Petronelli.
Mr Colm Allen SC, for Mr Collins, said yesterday that he would pay the £165,500 into court within four weeks. This is expected to result in a hearing in the High Court of the dispute between the Irish boxer and Mr Petronelli. The November judgment would then be set aside.
The case is to be mentioned in the High Court again in early October with a view to fixing, an early date for the new hearing. The £165,000 will remain in the High Court pending the outcome of the hearing.
The judge's order was that the November judgment be stayed for four weeks from yesterday. If £165,500 is lodged within four weeks, the November judgment will be set aside and Mr Collins has been given liberty to enter an appearance and file affidavits to resist the application by Mr Petronelli for summary judgment.
Mr Petronelli sued Mr Collins in the US for alleged breach of contract. Mr Collins submitted that he did not have a contract with Mr Petronelli. It was claimed he had a contract dated March 17th, 1988, with Petronelli Brothers Athletic Clubs Inc, which was dissolved as a legal entity in December 1990.
Mr Justice Costello, in his reserved judgment, said it had been submitted on Mr Collins's behalf that he had never been served with a summons in the proceedings and was entitled to have the November judgment set aside.
A private investigator, Ms Joan Swain, had referred on affidavit to efforts she made to serve the summons on Mr Collins at a house in Castleknock, Co Dublin, and later at a social function in the Baggot Inn, Dublin, on September 20th last.
She had stated she handed Mr Collins a copy summary summons with a yellow sticker attached. Mr Collins asked her her name and she replied "Joan". Mr Collins signed the yellow sticker "To Joan, Best Wishes, Steve Collins" and handed both items back to her.
She then removed the yellow sticker and handed the copy summons to Mr Collins. She showed him the original summary summons and said. "Mr Collins, you are served." Mr Collins threw the copy summons on the floor.
Mr Collins, in an affidavit, said that at the function a number of individuals requested autographs. A woman told him she wanted to give him something. The woman attempted to hand him an envelope which he did not accept. It fell to the floor. He was not shown the document.
The judge also referred to other affidavits and said he must conclude that Mr Collins was properly served with the summons on September 20th.
Mr Justice Costello added that Mr Collins had deliberately decided to ignore the November proceedings and thus allowed judgment to be given in default.