The former chief executive officer of a charity that has been helping Ukrainian refugee in Ireland has complied with an order to vacate the organisation's Cork based officers, the High Court has heard.
Late last week the Together-Razem Centre Company Limited by Guarantee obtained a High Court order against Mr Wojciech Bialek, who is alleged to have resigned earlier this year.
The charity is funded by the HSE and has for many years provided support services to immigrants living in Ireland, and in recent times have been helping refugees from Ukraine.
The injunction restrains Mr Bialek, or any other persons who are aware of the order from removing, deleting or copying any of the plaintiff's documents held at its premises at Kilnap Business Park, Old Mallow Road, Blackpool, Cork
The order also restrains the defendant from transferring or withdrawing any funds or monies held by the plaintiff, or trespassing, entering or attending at the plaintiff's property.
The defendant is further restrained by the injunction from representing himself to any other party as being an employee, trustee, or chairperson of the plaintiff.
When the matter returned before Mr Justice Brian O'Moore on Monday the court was told that the order had been complied with, and the offices have been vacated.
Allegations
The court also heard that Mr Bialek rejects the allegations made against him by the plaintiff. His lawyers told the court that they needed time to fully respond to the allegations against him.
It was also suggested that the dispute, which concerns a charity with limited funds, could be short circuited if the court was to make an order directing the members of the charity to hold a general meeting where new directors could be elected by the organisation's members.
The plaintiff has alleged that the defendant and others have unlawfully, and not in accordance with company law, have attempted to remove members of the charity's board of directors and replace them with other persons.
Such an order could make the proceedings moot, the court was told.
Lawyers for the plaintiff told the court that it wants the defendant to reply to what are serious claims. It also said that it is yet to regain possession of its offices,
Mr Justice O'Moore put in place a timetable for the exchange of documents in the case, and adjourned the case to a date later this month.
The judge said he was not prepared to make an order under the Companies Act at this stage directing the charity to hold a meeting to select members of its board.
However, the defendant could bring a motion asking the court to make such an order when the case is next back before the court,.
In its action the applicant charity claims that Mr Bialek stood down from the role he has held since 2012 after an independent accountant, appointed by the charity's board of directors to review the charity's historical transactions and accounting practises, had sought clarification on certain matters from the defendant.
It is claimed that he resigned after he was asked to respond to questions raised by the independent accountant about certain transactions.
EGM
The charity claims that last month the defendant and others claiming to be members of plaintiff called an Extraordinary General Meeting of the charity.
It is claimed that a resolution removing the existing directors and the company secretary, and replaced them with alternatives, was passed at the EGM.
The plaintiff claims that EGM and the vote was invalid.
It is also alleged that following the EGM, the defendant started to identify himself in correspondence as being the charity's chairperson attended and effectively seized control of the charity's offices by changing the locks.
The plaintiff claimed that these actions were unlawful and brought High Court proceedings seeking various orders against the defendant.
The claims of wrongdoing are denied.
