TOP Kilkenny rider and breeder Marion Hughes began proceedings in the Commercial Court this week over the alleged obstruction of the sale of a horse she bred, said to be worth at least €2m, and in which she retains a half-share.
Breeder and rider Marion Hughes of Graigue, Cuffesgrange, Co Kilkenny, started proceedings earlier this week against the other half-share owner of HHS Figaro, Tom O’Dwyer of Cappagh, Callan, Co Kilkenny. Mr Justice Brian McGovern admitted the case to the Commerical Court but allowed 28 days for the parties to consider mediation.
Hughes said, in an affidavit, that she bred HHS Figaro (Heritage Fortunas out of China Cavalier by Cavalier Royale) in 2006.
When the bay gelding was six or seven years old, she entered into an agreement with Tom O’Dwyer to allow his daughter Emma ride the horse. O’Dwyer was to pay €45,000 with part of that offset by expenses for keeping the horse. Any prize money earned would be kept by the O’Dwyers to defray their expenses. Hughes said she wanted to sell the horse in 2015 as a number of parties were interested for a “minimum price” of €2m.
However, the Kilkenny rider postponed the proposed sale of the horse for another year as O’Dwyer did not want to sell as his daughter was competing it and also to allow Emma compete in the European Championships in Millstreet last August.
HHS Figaro placed second in the 1.60m Grand Prix Longines de la Ville de Lausanne, Switzerland, last month, with Emma O’Dwyer in the saddle.
Hughes outlined difficulties in trying to get the horse vetted for sale and difficulties communicating with the O’Dwyers. She believes HHS Figaro could be in the UK where Emma now competes for Britain.
Following an exchange of letters between legal representatives for the parties, the court heard that O’Dwyer was prepared to undertake that the horse would not compete for another four weeks.
However, Hughes said this did not address her concerns and it was time to sell the horse who was at its optimum value. She believes the animal should be directly transferred to her for the purpose of sale.