A Dublin rugby club was yesterday granted an interim order by the High Court restraining the Irish Rugby Football Union from taking any steps to relegate it from Division Two of the AIB League.
Wanderers Rugby Football Club also secured an interim injunction preventing the IRFU from taking any steps on foot of a decision made on April 23rd last by the convenor of the IRFU Working Party.
The club will today apply to the court to have the injunctions continue pending the hearing of legal proceedings between the parties.
Wanderers will also seek a further injunction preventing the IRFU from holding the AIB League Division Two play-off matches between Malone RFC and Ballynahinch RFC, the first of which is scheduled for tomorrow.
Mr Bill Shipsey SC, for Wanderers, said the proceedings arose out of a decision made by Mr J. Waldron, convenor of the IRFU Working Group.
Mr Shipsey read an affidavit from Mr Joseph McDermott, honorary secretary of Wanderers, which said Mr Waldron had, on April 23rd, decided to award Buccaneers RFC of Athlone three league points in respect of a postponed match between the midlands club and Wanderers which was to have been played on April 11th last, but which was called off because the pitch was unplayable.
Mr McDermott said this result, if legally valid, would mean that Wanderers would be relegated to Division Three for the 1998-1999 season, with "catastrophic effects" for the club.
Wanderers was legally advised that Mr Waldron's decision was unlawful in certain respects.
Wanderers' presence in Division Two was extremely important from the point of view of attracting players, sponsors and the support of its members.
Mr McDermott said that prior to the proposed Buccaneers game at Merrion Road, Dublin, his club was in 11th place in the League. If Wanderers had won that game the club would remain in Division Two, Malone would have been relegated to Division Three and Bective RFC, which was in Division Two, would have been involved in a play-off match with Ballynahinch of Division Three.
If Wanderers had drawn the match with Buccaneers, Malone would be relegated to Division Three and Wanderers would have been involved in a relegation playoff with Ballynahinch. If Wanderers had lost the Buccaneers game it would have been relegated.
On April 11th, Wanderers' pitch was inspected at 10 a.m. and, while most of the pitch was in fairly good condition, there was no doubt that the condition of a section rendered it unplayable. It was decided to postpone the game and Mr Ned Cummins of the ground fitness panel of the IRFU indicated he would contact the "powers that be", the referee and the touch judges.
At a meeting before the convenor on April 23rd, Wanderers was found to be in breach of the IRFU regulations. Mr Waldron found that the state of the pitch at 10 a.m. during the inspection was not such as to cause the game to be postponed and awarded the three points to Buccaneers.
The Wanderers secretary said that in reaching his decision and making his award, the convenor had acted ulta vires, in breach of provisions of the regulations and in breach of the principles of natural and constitutional justice.
Granting the interim orders, Ms Justice Laffoy fixed this afternoon for the hearing of Wanderers' application for interlocutory orders.