13 Aug 2022

Farmer appears in court over the repossession of land

Case returned before the High Court in Dublin today

Kildare farmer agrees to comply with court order to vacate land

The Four Courts, Dublin

A farmer has agreed to comply with High Court orders to vacate 50 acres of land he owns. 

The High Court heard on Tuesday that Tom Morrin will to surrender vacant possession, remove all machinery and livestock from 50 acres of land at Caragh, Naas, owned by Mr Morrin, to a bank-appointed receiver appointed over the property. 

He has also agreed to cease interfering with agents of the receiver, Mr Tom Kavanagh of Deloitte Ireland, from carrying out their duties in respect of the property. 

Mr Morrin appeared before the Court after Ms Justice Leonie Reynolds ruled last week that she was "satisfied beyond reasonable doubt" Mr Morrin is in breach of orders made against him by the High Court in July 2017.

The judge in her judgement also dismissed applications by Mr Morrin of Poplar Square, Naas, to have the receiver's case thrown out, on the grounds it was frivolous, vexatious and an abuse of process.

The Judge further dismissed Mr Morrin's bid for an order preventing Mr Kavanagh's and his agents from trespassing on his property. 

On Tuesday Ms Justice Reynolds was informed that Mr Morrin had agreed to orders including that he would remove all machinery and livestock from the lands, and not interfere with the receivership. 

He also undertook not to appeal last week's decision and withdraw his appeal against the orders made against him in 2017.

It was also agreed that a stay is to be placed on those orders until February.

Previously the court heard that Mr Kavanagh was appointed as receiver over the lands in 2013 by Bank of Scotland Ireland arising out of a mortgage agreement alleged entered into between it and Mr Morrin in 2006.

The loan was subsequently acquired by a financial fund Pentire DAC.

The receiver then brought proceedings against Mr Morrin for his ongoing contempt seeking orders including that the farmer be attached and brought before the court for his alleged ongoing contempt of the 2017 orders. 

Mr Kavanagh, represented by Stephen Byrne Bl, claimed the defendant had flouted the order, on which no stay has been placed.

Mr Morrin had remained in occupation of the property and continued to farm the lands, it repossession. 

It was also claimed that on a number of occasions security firm personnel engaged by the receiver had engaged difficulties.

On certain days cattle were seen on the lands and agents the receiver had employed were told to leave the property by a person purporting to be an employee of the defendant.  

The matter will return before the court in February.

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