CAPE TOWN – The decision to take the case between the company which managed the advertising rights of Western Province Rugby, Aerios and the Western Province Rugby to the Western Cape High Court will be heard next month.
Aerios (Pty) Ltd, which managed the advertising rights of Western Province Rugby (Pty) Ltd before the latter was liquidated at the behest of the Western Province Rugby Football Union, is heading to court to prove its claim for damages against Western Province Rugby.
Aerios is claiming that it has suffered damages in the sum of approximately R250 million as a result of the decision taken by the liquidators of Western Province Rugby to determine the advertising rights agreements which had been concluded with Aerios.
A pre-trial hearing took place in the Western Cape High Court on Thursday.
Costas Constantinou, the managing director of Aerios, on Friday said that the decision on the date to take the matter for trial will be taken next month when all the requirements to go to court have been met.
Constantinou said in a statement that he was surprised that the liquidators had refused to concede that Aerios suffered damages due to the determination of their advertising rights agreements, particularly since one of the liquidators had previously deposed to an affidavit in which he acknowledged that damages would be suffered by those parties whose contracts with Western Province Rugby were to be determined.
Constantinou said: “It seems to me that the liquidators are concerned that Aerios will have the largest proven claim against Western Province Rugby once our damages claim has been proven by the High Court, giving Aerios far greater control over the resolutions which are to be passed by the creditors of Western Province Rugby.
"The liquidators appear to be concerned that Aerios may call upon the liquidators to take steps which may be adverse to the interests of the other creditors whose claims against Western Province Rugby, have been approved by the liquidators, including the Union and Remgro Sports Investments (Pty) Ltd.”
Aerios contends that the primary motivation for the liquidation of Western Province Rugby was to terminate the advertising rights agreements which it had held. Aerios intends to institute a further claim for damages against the Union, RSI, the liquidators and the directors of Western Province Rugby arising from their conduct in liquidating Western Province Rugby and in transferring the business of Western Province Rugby to its new operating company later this year.
“Many startling revelations will be made during the conduct of those proceedings,” added Constantinou.