REQUEST FOR SUMMARY CAUSE OF COUNT

  from http://www.gmst.org.uk/ UPDATE ON STARS OF ’79 EVENT
                                                        
26th April 2011..Written by Trust committee secretary.
‘Noting today’s report in the Greenock Telegraph regarding a ‘three way court battle’ following the Stars of ’79 Night – as well as Dr Ernie Newall’s misleading blog regarding the upcoming and related court hearing on May 9th – it is perhaps important to make our position clear.
As is known, GMST is currently pursuing its member and former director, Mr. James Gallacher as a result of a perceived shortfall in monies following the night in question. Contrary to claims made on Dr Newall’s blog this action has not been hidden from the GMST membership, deliberately or otherwise, having been publicised in our newsletter and on our website. More importantly, Dr Newall’s estimate of the costs incurred in pursuing this action is nowhere near accurate, and indeed represents a tiny fraction of the amount which he suggests. Whilst the case is on going, the board members of GMST will make no further comment, and will leave the business of judgment to the court. We will, however, update the membership on the progress and expense of those proceedings at the upcoming AGM. Any action likely to incur significant expenditure will ONLY proceed with the approval of the Trust members.’
Mortonjag is highly honoured to have his modest little blog mentioned in the same sentence as ‘The Tilly’, albeit a little discomforted by its description as ‘misleading’. Mortonjag never knowingly misleads his readership.
Mortonjag appends some commentary on this latest outpouring from  Trust treasurer ‘Piniccio’ Robinson’s glove puppet amanuensis – Chris McCorkindale.
Firstly, The Trust is NOT pursuing Mr. Gallacher. That court action was raised by the committee with no mandate (implied or otherwise) from the shareholders. It is clearly stated in the constitution that the secretary must update the membership  on all relevant issues. Instead McCorkindale deliberately hid the matter – something which he previously confirmed to Mortonjag in writing.
Secondly, there is NO DEMONSTRABLE SHORTFALL attributable to Mr. Gallacher. Even discounting the real shortfall of £1510 in co-organiser Sean Donnelly’s ticket income, soon to be further investigated, THE STARS OF ’79 EVENING DID NOT RUN AT A LOSS TO THE TRUST. 

Thirdly, Piniccio McCorkindale has deliberately twisted the issue of costs in an attempt to save face. He and his master have known for over eight months that as a Limited Company the Trust requires legal representation. They should have arrived at court with a solicitor – THAT IS PLAIN AND SIMPLE. Their claim that they were ‘advised’ otherwise makes no sense at all as  MR. GALLACHER’S SOLICITOR PREVIOUSLY MADE IT PERFECTLY CLEAR THAT THAT WOULD BE UNACCEPTABLE.

MORTONJAG’S ESTIMATE OF THE COSTS INCURRED (£5,000 – £10,000 WHEN THIS ACTION HAS RUN ITS COURSE) IS ENTIRELY REALISTIC.

Fourthly, wee Corky’s statement – ‘We will update the membership at the forthcoming A.G.M.’ is utterly deplorable. The blinkered arrogance of that committee seems boundless!

In constitutional terms, the shareholders should be made aware FORTHWITH of full details of this action by their  purported representatives – NOT on that rusty and rarely read ‘relaunched’ website  AND ABSOLUTELY NOT on Herr Gillter’s exclusive ‘Third Reich’  message board!  

HAVE THEY NEVER HEARD OF A POSTAL BALLOT?
Finally, next Monday’s hearing will yet again be preliminary. No judgement is expected in favour of either party. Mortonjag understands that Mr. Gallacher’s solicitor will again ask for the case to be heard as a ‘Summary Cause of Count’ – something which may allow the successful party to recover FULL costs.