80 Club launches fight to retain exclusivity 

Thursday, 6 July 2023 04:01 -     - {{hitsCtrl.values.hits}}

 

  • Obtains restraining order against UDA and Waters Edge to stop premises from being allowed for public use other than for public functions 
  • Accuses UDA and Waters Edge of violating agreement with club on occupation and use of premises 
  • Club has informed members they will have exclusive use of premises and facilities while public may be allowed to reserve certain areas of the club for functions

The 80 Club of Colombo has obtained a restraining order against the Urban Development Authority (UDA) and Waters Edge Recreations Ltd. from the District Court in Colombo to limit public use of the property and facilities. 

The exclusive club has accused the UDA and Waters Edge Recreations Ltd. of violating the Memorandum of Agreement (MoA) signed with it on May 30 in respect of the occupation of ‘Kenston’ the 80 Club premises and allowing the use of its facilities. 

“80 Club agreed to make a payment of Rs. 10 million plus applicable taxes to UDA at the time of the execution of the said Memorandum of Agreement, as consideration for the occupation of the premises and receipt of subsidised services for the period 21 November 2021 - 30 April 2023 and that the premises will be opened to the public only for ‘public functions’,” the Club said in a communique intended for its members recently. 

However, the 80 Club now claims the UDA and Waters Edge have breached the terms and conditions of the MOA by presenting the premises as being available to the public at large and not limited to functions. It also claimed the parties made a public announcement that it would be opened to the general public allowing walk-ins and using the trade mark, trade name and logo of 80 Club.

According to the 80 Club legal action was filed in the District Court of Colombo on 27 June 2023 in the interest of its members and restraining orders were obtained against UDA and Waters Edge preventing them from opening the Premises to non-members for usage, activities or events which are not public functions until the inquiry into the Interim Injunction is disposed of. 

The order also prevents the respondents from using the name, brand, and logo of the club without the prior written consent of the General Committee. The club has informed its members that they and their guests will have exclusive use of its premises and facilities while the public may be allowed to reserve certain areas of the club for functions after making appropriate reservations as in the past.

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