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Cattle dealer Finbar Tolan has been ordered to pay a total sum of €154,830.66 to Aurivo co-op after his appeal of the relevant judgment was dismissed on Friday 28 October in the Court of Appeal.
Justices Irvine, Peart and Hogan unanimously dismissed Mr Tolan’s appeal of the summary judgment made in the Supreme Court in November 2013.
In the November 2013 judgment, Mr Tolan was ordered to pay Aurivo €154,830.66 as compensation for outstanding debts owed to Aurivo by Mr Tolan as the relationship between the two parties deteriorated.
In the Court of Appeal on Friday, Mr Tolan was ordered to pay Aurivo the relevant sum plus interest of 8% accruing from the date of the November 2013 judgment. He was also ordered to pay his and Aurivo’s legal costs.
However, Mr Tolan has told the Irish Farmers Journal that he intends to appeal Friday’s decision in the Supreme Court.
Separate action
Mr Tolan’s decision to appeal arises out of a separate action that he took against Aurivo co-op over alleged breach of contract, which was dismissed in its entirety by the then president of the High Court Justice Nicholas Kearns in May 2015.
Mr Tolan appealed the decision of Justice Kearns, but in May 2016 the appeal was unanimously dismissed in the Court of Appeal. Mr Tolan then applied for leave to appeal to the Supreme Court, but this was rejected in July 2016.
He has since applied for leave to appeal the Supreme Court’s decision not to hear his appeal to the European Court of Human Rights (ECHR).
Mr Tolan told the Irish Farmers Journal that he will be appealing Friday’s decision on the basis that Justices Irvine, Peart and Hogan were not made aware of the case he is bringing to the ECHR. He hopes to have a stay placed on their decision pending the outcome of his leave to appeal to the ECHR.
High Court motion
Furthermore, Mr Tolan intends to lodge a motion in the High Court next week to have the May 2015 judgment made by Justice Kearns set aside.
“New evidence has come to light and has been confirmed in recent days to the effect that Justice Kearns should not have heard the case. I will be lodging that motion in the High Court next week,” Mr Tolan told the Irish Farmers Journal.
Before the relationship between Aurivo co-op and Mr Tolan began deteriorating in mid-2012, they had enjoyed a business relationship dating back some 12 to 15 years.
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