The High Court has dismissed a businessman’s application for an injunction preventing a Co Wicklow-based falcon breeder from supplying birds to any other party.
Mr Justice John Jordan ruled on Friday that Abdullah Rashid Ahmed Almana Mansoori, from Abu Dhabi, was not entitled to such an order against Kenneth Smith, pending the final outcome of their dispute.
Lawyers for Mr Mansoori claimed that Mr Smith has entered into contract to supply falcons to the Crown Prince of Dubai, Sheikh Hamdan Bin Mohammed bin Rashid Al Maktoum.
Mr Smith’s lawyers said that while he has entered into a contractual agreement with a third party, they could neither confirm nor deny that the party is the Crown Prince.
The dispute between Mr Mansoori and Mr Smith centres around the purported termination of a 2014 agreement for the sale and supply of falcons.
Falconry is a traditional and lucrative sport in the UAE, and on the wider Arabian Peninsula.
Mr Smith, represented by Paul Comiskey O’Keeffe BL, claims he validly terminated the agreement in January on grounds including that Mr Mansoori failed to pay in full an invoice for the sale and supply of falcons. The action was a cynical attempt aimed at “sabotaging” Mr Smith’s trade, counsel said.
Mr Mansoori, of Yas Island, Abu Dhabi, UAE, denies that the contract has been terminated. He claims that there was a payment, but also there was an issue about the quality of birds supplied last September.
He claims that the agreement remains intact and that he should be supplied with the falcons currently being bred at Mr Smith’s facility.
In order to prevent the falcons being sold to another party, he sought various orders including the injunction against Mr Smith, an expert in breeding falcons of Hawkslodge, Toolestown, Dunlavin, Co Wicklow.
Niche industry
In his judgment, Mr Justice Jordan remarked that the two parties were businessmen who had been successful in what is a niche industry.
After considering submissions from both sides, he said he was not satisfied to grant the injunction sought for a number of reasons, including that the order sought was mandatory in nature. The case made out by the plaintiff was not sufficiently strong to grant such an order, he added.
The judge also said that there had been a culpable delay by Mr Mansoori in bringing the proceedings. He had known of the purported termination in January, but had only brought proceedings in May. Such a delay was relevant given that the business of breeding falcons is something that is measured in weeks and months, the judge said.
Other factors taken into consideration by the judge were that Mr Mansoori had not addressed issues contained in the breeding agreement including the payment of prize money and for the sale of falcons in the UAE to Mr Smith.
There were also animal welfare issues that had to be taken into account, the judge added.
In awarding Mr Smith the costs of the injunction proceedings, the judge said the full hearing of the dispute should take place as soon as possible.