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Judge orders farmer to appear for alleged contempt


Stock photo

Stock photo

Stock photo

A judge has ordered a farmer to appear before the High Court next week over his refusal to comply with an order to vacate 50 acres of land he owns. 

Ms Justice Leonie Reynolds said she was "satisfied beyond reasonable doubt" Tom Morrin is in breach of orders made against him by the High Court in July 2017.

Those orders direct him to surrender vacant possession and to remove all machinery and livestock from 50 acres at Caragh, Naas Co Kildare, over which a receiver was appointed. 

He has also failed to comply with an order to cease interfering with agents of the receiver, Tom Kavanagh of Deloitte Ireland.

The judge also dismissed applications by Mr Morrin, of Poplar Square, Naas, Co Kildare, 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. 

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 an Mr Morrin in 2006.

The loan was subsequently acquired by Pentire DAC.

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

Stephen Byrne Bl, for Mr Kavanagh, said the defendant had flouted the order.

He remains in occupation of the property and continues to farm the lands. 

Through his lawyers Mr Morrin, who has appealed the July orders, opposed the application and disputed the receiver's claims. 

Ms Justice Reynolds said Mr Morrin did not dispute that he remains in occupation of the land, in breach of the order.  

She directed an order for Morrin's attachment, which requires him to come before the court to answer his ongoing contempt, be directed to the Commissioner of An Garda Siochana. 

The case will return before her next week.  

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