Tuesday 20 February 2018

Receiver seeking order that horses and cattle to be removed from lands owned by Co Waterford woman

Tim Healy

A BANK-appointed receiver is seeking High Court orders requiring that horses and cattle be removed from lands owned by a Co Waterford woman.

Today the High Court, Ms Justice Mary Laffoy granted receiver Kenneth Fennell permission to bring proceedings against Margaret Flynn, High Street, Stradbally, Co Waterford aimed at having her deliver up possession of and remove animals and other materials from two parcels of land in Co Waterford.

The judge gave permission to bring the proceedings on an ex-parte (one side only) basis. The Judge also directed that Ms Flynn be served notice of the proceedings personally.

The court heard Mr Fennell was appointed receiver by ACC bank over two separate plots, one approximately 60 acres, the other six acres, of land at Stradbally More and Woodhouse in Co Waterford in February of this year. He was appointed after Ms Flynn failed to satisfy ACC's demand for repayment of loans of €2m.

When the lands were inspected in March by a representative of Mr Fennell, the properties were found to be clear of any animals or chattel.

However the court was told that following a subsequent inspection horses were found on the smaller parcel of land, while 34 cattle and a tractor was also found on the larger section of land.

Requests were made on behalf of Mr Fennell to have the animals and the tractor removed, but this had not been done, it is claimed.

Mr Fennell, the court heard, intends to sell the land, but cannot do so until the animals and the others material have been removed. He rejected claims by the defendant the animals were on the land prior to his appointment.

In his proceedings, Mr Fennell is to seek a number of orders against Ms Flynn including an order granting him possession of the properties, as well as an order restraining the defendant from interfering with Mr Fennell in carrying out his duties as receiver.

He is also seeking an order that the defendant clear the lands in question of both animals and chattel.

The matter was adjourned and made returnable before the High Court later this month.

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