Tuesday 20 March 2018

Parents sue over €67k pony that refused to jump, court hears

Tim Healy

A PONY bought for €67,000 by parents for their teenage daughter to take part in show jumping competitions refused to jump and was not safe, it was claimed in the High Court.

Martin and Helen Carway, from Bleach Road, Kilkenny, are suing father and son, Walter and Jonathan Reape, and a company called Northerly Ltd, claiming that under the purchase agreement for the pony, the defendants had agreed to take it back if it did not work out as a show jumper.

The defendants deny their claims and say they only agreed to replace the pony if it did not work out, which they say they tried to do.

The pony, Castle Hill Clover, turned out to be a "stopper", and refused to jump when first brought to events in January/February 2012, the court heard. Since then, it has not been ridden by the Carways' daughter Anna and remains to this day in a stables in Wales.

Opening the case for the Carways, Jeremy Maher SC said they bought it in 2011 for then 14-year-old Anna to compete.

At their first meeting to look at the animal in the Reape equestrian centre at Ard Chuain in Sligo, Walter Reape told Mr Carway he did not "do trials", which would allow the family to take the pony home to test it, but said "if it does not work out, I will take it back", counsel said.

The Carways paid the €67,000 by bank transfer to a company called Northerly, whose co-principal is Walter Reape. Initially, Mr Reape Snr said they would work something out, counsel said. But by the next day, he said he had never agreed to take the pony back.

Mr Reape later said he may have originally said he would take it back but never said he would give the Carways their money back and insisted he only said he would replace it.

The Carways took part in efforts to find a replacement but this was unsuccessful.

They are now seeking an order that the defendants would take the animal back, along with costs of stabling the animal since 2012 and damages, counsel said. The case continues.

Irish Independent

Today's news headlines, directly to your inbox every morning.

Editor's Choice

Also in Irish News