Courts / Galway / Report
Farmer's latest appeal in long-running dispute is dismissed
Summary
The Court of Appeal has dismissed an appeal by Eugene Costello against 2017 High Court injunctions that restrain him from placing animals on lands in Coolfree, Taughmaconnell, Ballinasloe, Co Roscommon. The three-judge panel, comprising Mr Justice Michael Peart, Ms Justice Mary Irvine, and Ms Justice Marie Whelan, upheld the orders granted by Mr Justice Michael Twomey. The appeal also failed regarding the High Court's dismissal of Costello's application to strike out proceedings brought by applicant Carlisle Mortgages. Carlisle Mortgages claims approximately €1.4m remains outstanding on a 2004 loan of €440,000 secured by the land, which it seeks to sell following a 2006 possession order. Costello has alleged the transaction was fraudulent, a claim Carlisle denies. The court rejected Costello's argument that Carlisle needed to renew its execution order of possession before seeking the injunction, noting that Carlisle obtained possession in 2014 after Costello purged a prior contempt. The judges stated that any subsequent adverse action by Costello constituted trespass. Costello has been jailed three separate times for contempt of High Court orders directing him to remove livestock from the lands. Most recently, Mr Justice Twomey jailed him for three weeks for failing to comply with the 2017 injunction, following a one-week jail sentence in January of this year for similar non-compliance. He was also jailed in 2014 for breaching undertakings to remove livestock, from which he was released after purging his contempt.
Who, what, where, when and why
What: Report matter: Farmer's latest appeal in long-running dispute is dismissed. Procedural stage: appeal
When:
- 2018-10-30 Publication
Why: 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. CNI source report
Case subjects
Applicant
Outcome: 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.
Appellant
Outcome: 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. Mr Costello has been jailed three times for being in contempt of various High Court orders to remove livestock from his lands.
Places mentioned
- Court of Appeal
- High Court
- Ballinasloe. The appeal court
Topics
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