STEVE COLLINS the WBO super-middleweight boxing champion, never had an opportunity to have a full hearing of his defence in US proceedings which led to a judgment against him in this State for Pounds 165,500, his counsel told the High Court in Dublin yesterday.
However, counsel for a US boxing manager, Mr Pasquale Pat Petronelli, submitted that judgment had been granted against Mr Collins despite his having filed a defence and counterclaim.
Mr Collins wants to overturn a judgment granted against him in Dublin last November in favour of Mr Petronelli. Execution of the judgment has been stayed pending further US proceedings.
Mr Petronelli sued Mr Collins in the US for alleged breach of contract but the hearing before the President of the High Court, Mr Justice Costello, was told Mr Collins did not have a contract with him.
In an affidavit, Mr Collins said he had a contract dated March 17th, 1988, with Petronelli Brothers Athletic Clubs Inc, which was dissolved as a legal entity in December 1990.
Mr Colm Allen SC, for Mr Collins, said yesterday Mr Petronelli was a party to that agreement. The plaintiffs sought to establish loss by reference to an alleged refusal by Mr Collins to take part in a fight with Michael Nunn on March 10th, 1991.
It was alleged in the US proceedings that the Petronellis were able to quantify their losses on the basis of an alleged breach of agreement by Mr Collins by reference to monies which, they said, they would have obtained from the Nunn bout and which would have been earned following what they said would have been Mr Collins's success in the fight.
In fact, said Mr Allen, there was never any such agreement. The only scrap of paper which the Petronellis were able to produce to support their proposition that a bout agreement had been entered into was dated January 24th, 1991.
This document related to a time when Mr Collins's contract with the Petronellis had expired. It was never executed by Mr Collins and the Petronellis.
This supposed agreement involving Top Rank Inc for a fight between Mr Collins and Mr Nunn in Las Vegas had never been executed by Mr Nunn, his manager or anybody on his behalf. Mr Collins had a clear and unambiguous defence to the proceedings taken by the Petronellis.
Mr Allen said proceedings had been brought in the US on behalf of Mr Collins which sought to challenge the judgment obtained by the Petronellis there.
Mr Ian Finlay SC, for Mr Petronelli, said Mr Collins had to satisfy the court that in relation to the Irish judgment he had been taken by surprise and must show that the surprise was not the result of his own situation. He also had to satisfy the court that he had reasonable grounds for applying to have the US judgment set aside.
The claim that Mr Collins was taken by surprise involved the attempted service of documents on him at the Baggot Inn, Dublin; the issue of Talbot Downs, a house in Castleknock where Mrs Collins lived in rented accommodation, and issues relating to Mr Collins's "residence".
In the US court where judgment was obtained, Mr Collins filed a defence and counterclaim, despite which judgment was granted in Massachusetts District Court.
Earlier, in an affidavit, Mr Collins said that when Ms Joan Swaine, stated in court on, Wednesday to be a private investigator, approached him at a social function in the Baggot Inn on September 20th last, she did not identify herself.
She did not show him any papers other than ones she threw on the floor. Because he was at a social function among friends and family, he was suspicious of Ms Swaine's approach and intentions.
Mr Frank Smith, in an affidavit, said he was one of the proprietors of the Baggot Inn. While Mr Collins did give Ms Swaine his autograph, he did not receive any document from Ms Swaine. He saw Ms Swaine with some papers in her hand which were not actually presented to Mr Collins, Ms Swaine dropped them on the floor.
Mr Richard Kealy, in an affidavit, said he was a guest at the Baggot Inn function. He saw a woman, whom he now understood to be Ms Swaine, approach Mr Collins, who gave her his autograph. She then produced papers which she did not hand to Mr Collins, but dropped on the floor and left.
The hearing continues today.