Hurler is refused injunction

A young Co Tipperary hurler who wants to transfer from one Clonmel GAA club to another was yesterday refused a High Court order…

A young Co Tipperary hurler who wants to transfer from one Clonmel GAA club to another was yesterday refused a High Court order allowing the transfer. The President of the High Court, Mr Justice Costello, refused to grant an interlocutory injunction to Mr Patrick O'Donoghue allowing him to transfer from the Clonmel Og club to Clonmel Commercials club pending the determination of proceedings being taken by Mr O'Donoghue.

Mr O'Donoghue (19), Wilderness Grove, Clonmel, had sought the interlocutory injunction against two GAA officials - Mr Tomas O Baroid, Tipperary County Board secretary, and Mr Sean Quirke, secretary of the Clonmel Og hurling and football club - after his March 1997 request for a transfer from Clonmel Og to Clonmel Commercials was refused.

Mr O'Donoghue claimed the transfer refusal was in breach of Rule 57 of the GAA's official guide and also claimed he was not given a fair hearing.

In his judgment, Mr Justice Costello said the player's application for a transfer was initially considered by South Tipperary County Board and the transfer was ratified. However, the matter was appealed to the Tipperary County Board, which passed a motion which had the effect of refusing the transfer.

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The judge said it appeared to him the situation in the case was to be determined by the constitutional rules of the GAA and not by the terms of the "Nugent Deal", a transfer agreement between the six clubs in Clonmel.