A small farmer from Kerry, who managed to halt a bank’s attempt to auction his land on Wednesday, has been granted a two-week extension to prepare a new legal challenge in hopes of retaining his property at Knockardtry, Castleisland, reports Breaking News.
Tom Curtin and his wife, Theresa, unrepresented by a lawyer, embraced tearfully in the High Court as they made their case before Ms Justice Denise Brett, seeking an injunction against Everyday Finance Limited, operating as BCM Global, and receiver Luke Charlton to stop the land sale.
Everyday Finance had obtained a possession order against Curtin’s smallholding based on a 20-year-old AIB loan, which was later acquired by the finance company. The land had been advertised for sale in three lots, with an online auction by Wilsons Auctioneers scheduled for 2pm on Wednesday, rbn
Curtin appeared before the court with barrister Edmund Shanahan, who was not permitted by Judge Brett to speak, as he was not formally instructed by a solicitor.
Judge Brett informed Mr Curtin that she could not overturn the possession order already granted to Everyday Finance by another judge, particularly since Mr Curtin had not appealed that order.
Michael Connolly, counsel representing the finance company, informed Judge Brett shortly before the court’s midday break that the auction had been postponed to 3.30pm to allow the hearing to continue after lunch, reports Breaking News.
However, when the court reconvened, Mr Curtin raised his phone to show that the online auction had already begun, contrary to Mr Connolly’s earlier statement.
Judge Brett instructed the bank’s legal team to investigate the issue, after which Mr Connolly returned to confirm that while the auction had indeed started, no bids had been taken and none would be accepted, reports Breaking News.
Mr Connolly further reported that while the High Court proceedings were ongoing before lunch, Mr Shanahan had submitted an online application on Mr Curtin’s behalf to the Ennis Circuit Court for a Protective Certificate under the personal insolvency legislation.
Judge Brett asked Mr Shanahan to confirm the claim, to which he responded that he had “appeared in that case” from a bench in the hallway, and had been supported online by solicitor Melanie McNally, who had formally gone on record for Mr Curtin in the Circuit Court application, reports Breaking News.
Mr Shanahan added: “I was asked at great speed under enormous pressure…” but Judge Brett interrupted him, stating: “It is a matter for you to ensure that you are in appropriate standing before you can appear as counsel in any court.”
Judge Brett said she found the situation “surprising to put it mildly,” and added that she might need to take further action or consider additional measures, reports Breaking News.
Mr Shanahan insisted that he had acted in good faith in assisting the Curtins, and that solicitor Melanie McNally was officially on record for them.
Judge Brett replied: “You understand exactly what I am asking you. You understand what is your obligations as counsel and the circumstances whereby you can act as counsel.”
Mr Shanahan responded: “I don’t want to mislead the court in any way. We did have a solicitor on record. This particular matter arose for me in terms of assisting the Curtins,” reports Breaking News.
Judge Brett said the matter was one “that needs very, very careful thought.”
Before postponing the case to allow both Mr Curtin and the finance company to submit further written evidence, Judge Brett noted her concern that Mr Curtin had earlier told her the lands were in the receiver’s possession, but now admitted he had continued farming them, reports Breaking News.
Curtin explained that he had cattle on the land and had no choice but to keep farming to feed them.
Judge Brett issued a temporary order stopping the sale of the lands by auction or any other method until Friday, August 29th, unless the court rules otherwise. She also scheduled the case to return on August 27th, reports Breaking News.
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