The High Court has found that the Minister for Agriculture breached an agreement governing the return of cattle seized from Tipperary farmer John Hanrahan, although the court also held that genuine animal welfare concerns had justified the original seizure.
Mr Justice McMahon delivered judgment on June 24, 2009, following litigation arising from the removal of 355 cattle from Hanrahan's dairy herd on March 15 and 16, 2006.
Hanrahan farmed near Clonmel and had complained for months that financial difficulties were affecting his ability to obtain enough feed. Department veterinary officers later concluded that animals were suffering from malnutrition and serious welfare problems. McMahon J accepted that evidence and held that the seizure was justified under animal welfare regulations.
Hanrahan appealed the seizure to the District Court. On April 11, 2006, the parties reached a settlement under which experts nominated by each side would calculate how many animals could safely be returned, subject to a maximum of 328 livestock units.
The experts completed that exercise on April 19. Their calculation meant that all but 5.4 livestock units could be returned to Hanrahan.
The Department subsequently alleged that Hanrahan had failed to satisfy conditions concerning feed, access for inspectors, herd records and proof of rented land. By letter of April 25 it indicated an intention to sell 150 animals. McMahon J held that those matters did not justify terminating the settlement agreement.
The judge found that Hanrahan had breached one undertaking by refusing access to a particular Department officer, but said the breach was not sufficiently serious to justify repudiation. He rejected the Department's allegations of fraudulent misrepresentation and found no breach concerning herd documentation or the availability of rented land.
Some cattle were returned in May, but 233 animals were sold on June 2, 2006. The court held that this breached the April agreement.
McMahon J found no separate breach of duty in the Department's care of the cattle up to April 25. Damages were left for later determination, to be assessed on the basis that all but 5.4 livestock units should have been returned once Hanrahan had a reasonable opportunity to satisfy his remaining undertakings.