The High Court has continued for two weeks an injunction granted after a race horse believed dead for a year was allegedly listed to run in a race last Saturday.
The Tartan Spartan was brought to be euthanized 12 months ago after the animal's owner, Thistle Bloodstock Ltd, believed it was broken down beyond repair, the court heard last week.
A day before the meeting at Naas Racecourse was due to take place last Saturday, Thistle Bloodstock's manager Andrew Hughes picked up a newspaper to see it was entered to run in the Hurdle Handicap, the court also heard.
Thistle sought and obtained an interim injunction that day preventing the horse from running on Saturday.
The order was against the Irish Horseracing Regulatory Board (IHRB), and against trainers Phillip Fenton and Jim Derwin. It was alleged the horse had been given to Mr Derwin a year ago to have it put down and that Mr Fenton had entered it in the race.
The order was granted on a one side only represented basis after the court also that no response to a threat of legal proceedings had been received from Mr Fenton and Mr Derwin when they were contacted on the Friday. The IHRB had responded that it could not prevent the horse from racing without a court order.
The case returned to court on Thursday when William Reidy BL, for Thistle Bloodstock, said the matter could be adjourned to allow the second two defendants provide replying affidavits. Lawyers for Mr Fenton and Mr Derwin said this was on consent.
Mr Reidy also said the action against the IHRB was being withdrawn by his client.
Ms Justice Leonie Reynolds struck out the case against the IHRB.
She adjourned the case for two weeks and said the interim injunction granted last Friday could continue until then.