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Friday 16 November 2018

Court dismisses farmer's appeal to put cattle on land that's for sale

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Tim Healy

The Court of Appeal has dismissed a farmer's appeal against injunctions restraining him from placing animals on his lands that are up for sale.

Eugene Costello appealed against the High Court's decision in 2017 to grant Carlisle Mortgages injunctions requiring him to remove animals he had put on lands which have been the subject of lengthy proceedings between him and the lender.

Mr Costello has on three separate occasions been jailed for being in contempt of High Court orders directing him to take animals off the lands.

Carlisle wants to sell Mr Costello's lands at Coolfree, Taughmaconnell, Ballinasloe, Co Roscommon, because it claims Mr Costello has failed to repay monies he borrowed from it in 2004 when Mr Costello was advanced €440,000 by Carlisle.

The land was put up as security for the loan.

Carlisle, which obtained a possession order over the lands from the High Court in 2006, claims some €1.4m remains outstanding on the loan. 

Mr Costello, who repaid some €91,000 to the lender, has raised issues about the loan and has claimed the transaction was fraudulent, which Carlisle denies.

On Tuesday, a three-judge Court of Appeal upheld the 2017 injunctions.

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It also upheld the High Court's dismissal of the farmer's application to have Carlisle Mortgages proceedings against him struck out. 

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