THE world super middleweight boxing champion, Steve Collins, began a challenge in the High Court in Dublin yesterday to a judgment for £165,500 given against him in favour of a US boxing manager.
The judgment was granted by the High Court last November in favour of Mr Pasquale Pat Petronelli. Execution of the judgment was stayed, however, pending the outcome of further proceedings in the US courts.
Mr Petronelli, of Brockton, Massachusetts, sued Mr Collins for alleged breach of contract, but yesterday's hearing was told that Mr Collins is claiming he had not had a contract with him.
In an affidavit, Mr Collins said he had a contract dated March 17th, 1988, with a Massachusetts corporation, Petronelli Brothers Athletic Clubs Inc, which was dissolved as a legal entity in December 1990.
Mr Colm Allen SC, for Mr Collins, said he was instructed to stress that his client was in court for the hearing. Mr Collins was not a person who sought to evade proceedings and to avoid confrontation with Mr Petronelli.
There had been a suggestion that Mr Collins had sought to evade service of the proceedings. Mr Collins's case was that the Irish judgment had been obtained by surprise. As soon as Mr Collins became aware of it, he immediately took steps to seek to bring the matter to court.
Mr Collins, whose address was given in an affidavit as Seaview Apartments, Jersey, Channel Islands, said he believed the case related to a claim by Mr Petronelli that he was entitled to damages for alleged breach of contract, dated March 17th, 1988.
He said Mr Petronelli was not a party to the contract, and under those circumstances he believed Mr Petronelli was not entitled to claim any damages for an alleged breach. His understanding was that the company referred to as "the manager" in the contract was at all relevant times legally non existent as a result of its dissolution on December 31st, 1990.
Mr Collins said it might also be that Mr Pasquale Pat Petronelli's claim was based on an attempt to enforce here a 1993 judgment obtained in Massachusetts by Mr Guerino Petronelli and Petronelli Brothers Athletic Clubs Inc for $164,534.
He added he was advised that judgment was obtained by means of a fraud upon the US court and in particular through a failure to disclose relevant facts. Mr Collins said he was seeking an order in the US to have that judgment vacated and that he be awarded damages.
He said that in September last he was attending a social function at the Baggot Inn, Dublin. A number of people requested autographs. A woman said she wanted to give him something. She attempted to hand him an envelope which he did not accept.
The envelope fell to the floor and he was not shown the document. He was informed that the following day the proprietor returned it to the solicitors for Mr Petronelli. He was now told the documents related to the case.
Some days later he was told by a neighbour that he understood another neighbour had received an envelope through his letter box addressed to him. The neighbour returned the letter to the solicitors for Mr Petronelli.
Mr Allen said Mr Collins's wife lived in rented accommodation in Castleknock, Co Dublin, and he was a resident of Jersey at the time.
Ms Joan Swaine, private investigator, in an affidavit, said on September 19th last, her partner, Mr Philip Little, went to a house at Talbot Downs, Castleknock. Mrs Collins answered the door. He inquired whether or not she had contacted Mr Collins.
She said she had not but had contacted someone else who had advised her not to accept papers on behalf of her husband. Mr Little said he had not asked her to accept papers on behalf of her husband as he wished to serve them personally.
Ms Swaine said that on the night of September 20th she went into the function room of the Baggot Inn and asked Mr Collins for his autograph. She handed Mr Collins a copy summary summons with a yellow sticker attached.
Mr Collins asked her for her name and she replied "Joan". Mr Collins signed the yellow sticker, "To Joan, best wishes, Steve Collins" and handed back both items to her. She then removed the yellow sticker and handed the copy summary summons to Mr Collins, who took it back.
She showed the original summary summons to Mr Collins and said. "Mr Collins, you are served." Mr Collins threw the copy summary summons on the floor of the function room.
Mr Gregory Glynn, of Arthur Cox solicitors, for Mr Petronelli, said that on September 22nd last a man who identified himself as the owner of the Baggot Inn arrived at his offices with an envelope which contained a summary summons addressed to Mr Collins.
The hearing continues today.