A Kerry farmer, who succeeded in blocking a bank from selling his lands at public auction, has won a fortnight’s grace in preparing a new legal bid to save his property at Knockardtry, Castleisland.
Tom Curtin and his wife, Theresa, with no legal representation, tearfully hugged each other in the High Court as they addressed Ms Justice Denise Brett fighting for an injunction restraining Everyday Finance Limited, practising as BCM Global, and agent/receiver Luke Charlton from selling the land.
Everyday, which had obtained a possession order for Mr Curtin’s small farm on foot of a 20-year-old AIB loan that had eventually been bought by the bank, had advertised it in three lots to be sold online at 2pm on Wednesday by Wilsons Auctioneers.
Mr Curtin had approached the court accompanied by barrister Edmund Shanahan who, on the basis he was not instructed by a solicitor, was not allowed by Judge Brett to address her.
Mr Curtin had been told by Judge Brett she could not go behind the possession order already granted to Everyday by one of her colleagues and would not be interfering with such order as had never been appealed by Mr Curtin.
Michael Connolly, counsel for the bank, just before a midday break, told Judge Brett the 2pm auction had been put back to 3.30pm to allow the hearing to proceed post-lunch, but when proceedings resumed, Mr Curtin immediately held up his phone to show the online auction had already started despite Mr Connolly’s earlier reported postponement.
After Judge Brett told the bank’s legal team to check out the matter, Mr Connolly returned to report while the auction had started, no bids had been or would be taken.
Mr Connolly then reported to the judge that, while the High Court proceedings had been going on pre-lunch, an online application seeking a protective certificate under the personal insolvency legislation had been made on behalf of Mr Curtin by Mr Shanahan to a judge at Ennis Circuit Court.
Judge Brett asked Mr Shanahan if this was true and he said he had “appeared in that case” while sitting on a bench in the corridor outside the courtroom, but had been attended and instructed online by a solicitor, Melanie McNally, who had accepted to go on record in the online circuit court application for Mr Curtin.
Mr Shanahan then told the court: “I was asked at great speed under enormous pressure…” but was stopped mid-sentence by Judge Brett who told him: “It is a matter for you to ensure that you are in appropriate standing before you can appear as counsel in any court.”
Stating she was “surprised, to put it mildly” at the new development, Judge Brett said she may be required to take matters further or consider further options.
Mr Shanahan said he had acted in good faith for the Curtins, for whom the solicitor Melanie McNally had come on record.
Judge Brett said: “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 replied: “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.”
Judge Brett told Mr Shanahan it was a matter “that needs very very careful thought”.
Before adjourning the proceedings to allow both Mr Curtin and the bank to put in further written evidence to assist the court, Judge Brett expressed concern that earlier Mr Curtin had told her the lands in question had always been in the possession of the receiver, while now admitting he had continued to farm the lands.
Mr Curtin said he had cattle on the land and had no option but to continue to farm it in order to feed them.
Judge Brett made an interim order prohibiting the sale by auction or any other means of the relevant lands until Friday August 29 or such sooner order of the court, and directed the matter come back before her on August 27.