Kildare farmer gives undertaking on vacant possession

A Co Kildare farmer has avoided being jailed a second time for contempt after undertaking before the High Court to comply with orders to hand over vacant possession of farm buildings on his property to a bank-appointed receiver.

Paul O’Shea (above), of Davidstown, Castledermot, was told by Mr Justice Paul Gilligan he had 21 days to hand over vacant possession and could apply later for an order restraining sale of the buildings, and certain lands, pending a full hearing of the dispute between himself and the receiver.

Mr O'Shea was before the court over alleged contempt of an order granted last December compelling him to hand over possession of the buildings to George Maloney, appointed by Danske Bank in 2012 as receiver over two fields totalling 31 hectares owned by Mr O'Shea and put up as security on a 2003 loan. Default on that loan led to the bank getting judgment for €1.29 million against Mr O'Shea.

When Mr O’Shea said there was a lease on the buildings and he could not remove the property of the leaseholder from the buildings, the judge noted Mr O’Shea was not entitled to enter into a lease without prior written consent of Danske Bank and there was no such consent.

It was agreed the receiver would access the property via the fields and not the driveway to Mr O’Shea’s family home. That home is not subject to the receivership.