Farmer agrees to vacate 50 acres and surrender possession to bank-appointed receiver
A farmer has agreed to comply with High Court orders to vacate 50 acres he owns.
The High Court heard on Tuesday that Tom Morrin will surrender vacant possession, remove all machinery and livestock from the land at Caragh, Naas, Co Kildare, to a bank-appointed receiver.
He has also agreed to cease interfering with agents of the receiver,Tom Kavanagh of Deloitte Ireland, from carrying out their duties in relation to the property.
Mr Morrin appeared before the court after Ms Justice Leonie Reynolds said she was “satisfied beyond reasonable doubt” Mr Morrin is in breach of orders made against him in July 2017.
She 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.
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 an 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 of court orders.
The matter will return to court in February.