'The lands are my whole life and my family's' - Judge directs jailing of man over preventing fund's receiver take possession of land
A man who refused to comply with orders restraining him interfering with a fund-appointed receiver taking possession of his lands in Co Wexford must be jailed for contempt, the High Court has ruled.
Mr Justice Senan Allen said Pat Carty has repeatedly refused to comply with orders restraining interference with David Van Dessel, a receiver appointed by Ennis Property Finance over the 52 acres and a rented house at Rathduff, Rathnure.
The lands were security for loans advanced by Bank of Scotland Ireland to Mr Carty.
After they were transferred by Bank of Scotand to the fund, it appointed the receiver over default on loan repayment.
On March 16th 2017, the High Court granted the receiver orders restraining Mr Carty interfering with his taking possession of the lands. Those orders apply pending a full hearing of proceedings between the receiver and Mr Carty.
The receiver initiated committal proceedings in late 2017 after his agents went onto the lands and were met by signs with the words: “Trespassers shall be shot” and “No Trespass”.
Mr Carty and others had told the agents they were refused entry onto the lands and the receiver also believed Mr Carty was collecting rents or other payments connected with the property.
Mr Carty, a father of five, had appealed to the judge not to jail him.