A barrister who previously acted in a High Court challenge to a new board of the company running the Islamic Cultural Centre of Ireland is allegedly seeking payment of more than €190,000 in fees from the firm, a court has been told.
Barrister Joseph Sallabi had acted for the Al Maktoum Foundation CLG and one of its purported directors in the dispute over control of the company, which owns the centre in Clonskeagh, south Dublin.
Dr Abdel Basset Elsayed, who says he has been a director of the foundation since 2012, alleges that the appointment of four new directors to the board was unlawful and did not follow requirements of the company’s constitution.
The new directors, who are notice parties in the case, strongly dispute the claims and argue Meath-based consultant Dr Elsayed cannot bring the case as he does not have instructions on behalf of the board.
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There are five notice parties: Ahmad Tahlak, Hesham Abdulla Al Quassim, Khalifa Aldaboos, Mohamed Musabeh Dhahi and Zahid Jami, all of Roebuck Road, Clonskeagh.
The case was adjourned previously when a judge sought clarification from the Legal Service Regulatory Authority (LSRA) that Mr Sallabi – who claimed to be the foundation’s in-house counsel – had the required status to bring the legal challenge.
The court also previously heard that a mosque and school at the centre had been closed and that the case required an urgent hearing.
Barrister Niall Ó hUiginn, appearing for the notice party directors, on Friday told Mr Justice David Nolan there had been “concerning developments” in the case.
He said that Mr Sallabi had emailed the High Court’s chancery registrar indicating that he resigned as the company’s in-house counsel, and would not be acting for the foundation.
In an email to Mr Ó hUiginn’s clients, counsel said, Mr Sallabi stated that Dr Elsayed had vacated his position as a director in August.
In another “particularly troubling” email, counsel said, Mr Sallabi sought purported outstanding payments for his work as the foundation’s in-house counsel.
Mr Ó hUiginn said Mr Sallabi was claiming expenses of €8,857, outstanding salary payments of €34,847 and overtime payments of €149,000.
Mr Ó hUiginn said Mr Sallabi was claiming these payments from his client, the “validly appointed” board. He said that his clients do not intend to pay “a cent” to Mr Sallabi.
Separately, Mr Ó hUiginn said his side had received correspondence last week from IMK Law solicitors, stating they were acting for Dr Elsayed, and requesting for the dispute to be mediated.
Mr Ó hUiginn said that from his side’s perspective, there is nothing to be mediated in the case, and said they were anxious to secure a hearing date for the matter.
Barrister Roddy McConnell appeared in court instructed by IMK, but confirmed the firm had not yet come on record in the case.
Mr Justice Nolan set a hearing date in the case for December.
