13 December 2017 – Initial response to Snr Castro’s Letter (11 December 2017)

Initial Response to Snr Castro’s Letter dated 11th December 2017
Dear Owner

Just as the Committee’s Christmas Newsletter was ready for publication a letter arrived from Mr Castro.  Illegally sent to all members using the Club Member Register.

The Club Committee regrets that Snr German Castro, MD of WimPen Leisure Management S A, has again breached the confidentiality rules of arbitration in the letter dated 11 December 2017 that he has sent to Los Claveles owners.  Why he did this four days before the arbitration appeal was due in court only Snr Castro can say.  But if Snr Castro is going to ignore the arbitration rules on confidentiality then he should at least give you the complete picture.  As before, Snr Castro’s letter is full of mistruths and inaccuracies, missing out the parts that WimPen see as unhelpful to them.  The Club Committee is advised that the confidentiality rules allow basic facts to be given to you so as to provide a balanced view.

The impression given by Mr Castro is that only WimPen has had success in the arbitration and that a few minor matters remain for the appeal court.  On that basis he infers that the arbitration was a waste of time and money.

As Mr Castro knows very well but fails to mention, WimPen was either refused permission to appeal, or withdrew its appeal, against the arbitrator’s findings that –

• Carol Parkinson remained a member of the Committee after the June 2015 AGM

• The co-option of Ray Steele at a further Committee meeting in July 2015 was legitimate.

• The following SGM in January 2016 was legitimate.

On legal advice I cannot say more about the arbitration proceedings or the remaining aspects of the appeal.

We hope this provides you with a balanced view.  These points are very important.  They mean for example that appointing Hiro Bulchand as the new Administrator was also legitimate.

We believe these issues were raised for appeal by WimPen in order to destabilise the Club and prevent the Club having any leadership, clearing the way forward for a takeover.

There has not been any other legal challenge raised by WimPen contrary to the impression given by Snr Castro’s remark “and challenging some of the actions of the current committee such as the meetings that were held, without fulfilling any of the Club rules, or changing the Statutes”.

You will see however that Mr Castro now recognises that the Club has a proper Committee in order to take the Club forward.  The Chairman will address, in detail the issues raised in Mr Castro’s letter when he writes to you after the arbitration appeal hearing.  In the meantime please read the Committee’s Christmas Newsletter for more information.
The Committee, Club Los Claveles

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