A REPOSSESSION order, which had been made one year ago against a Co Wexford farmer was renewed at the High Court yesterday after the judge said the defendant needed to “sit down and deal with reality”.
Ms Justice Elizabeth Dunne reactivated the possession order sought by Carlisle Mortgages Ltd against John Sinnott, which had first been made in July 2009. An attempt to take the land in November 2010 failed as he had livestock on the land and refused to leave. Carlisle Mortgages had lent Mr Sinnott €800,000 to buy the land in February 2008.
The court heard yesterday that since a further possession order made in April last year Mr Sinnott had entered into an agreement with Frank Fahy, a director of Carlisle Mortgages, that he would develop a biogas plant on the land and he was lent a further €75,000 to do this.
Mark Finan for Mr Sinnott said his client had an agreement with the ESB to produce energy from the effluent of his cows and that he was in the process of gaining planning permission for this. He further said his client claimed to have access to a “special fund” in Dubai to finance this.
Ms Justice Dunne, however, said there was not “one scintilla” of documentation about the funding Mr Sinnott said he had access to in Dubai. “Even more bizarre there is the capital cost of this project of €3.5 million, I don’t know how someone in Mr Sinnott’s position is going to access that funding.
“These are all relevant and crucial issues - licensing, planning and funding.”
She said it was “bizarre” that Mr Fahy agreed to advance Mr Sinnott a further €75,000.
“The other issue I want to highlight is the fact that there has not been a single red cent paid to the plaintiff since the order was made, “ she said
