Peter, Tracy and Richard Kingston appeared in the High Court on Tuesday representing themselves in an ongoing legal dispute over the 170-acre farm at Cradenhill, Nohaval, Co Cork. Receivers Kieran Wallace and David Swinburne, both of KPMG, remain in possession of the farm. Wallace and Swinburne were granted an interim injunction on 11 August to retake possession of the farm after Kingston and his family had moved back on to it and were understood to have made plans to move cattle on to the farm.

Judge Tony O’Connor confirmed on Tuesday that the interim orders previously granted by Judge David Keane are interlocutory, remaining in place until such time as the case is heard.

“This does not impact on their [the Kingston family] home,” said James Doherty of Hayes Solictors who was representing the receivers in court. “The reality is the receivers would find it very difficult to sell this property.”

The court heard that Peter Kingston issued separate proceedings on 19 August against the receivers, ACC Loan Management Ltd and KPMG. However, Doherty claimed that the bank had not been served the proceedings in that case and that it is merely being used to impede the sale of the farm. He added that they would be happy to accept those undertakings in lieu of the interim orders if the main entrance to the farm was not blocked by a vehicle.

Judge Tony O’Connor directed Peter Kingston to serve the plenary summons against ACC, KPMG and the receivers by 1 September. This is to be followed by a statement of claim by 15 September in order for a hearing to proceed in October.

“If you’re so anxious to get on with farming you’re going to have to get your act together and proceed,” Judge Tony O’Connor told Peter Kingston.

The same timescale was directed for the original case with Peter, Tracey and Richard Kingston named as defendants. Plaintiffs Kieran Wallace and David Swinburne must issue the defendants with a statement of claim by 1 September.

In the meantime, the receivers remain in possession of the farm and Peter Kingston agreed to move the car blocking the main entrance to the farm if those acting on behalf of ACC bank arrange to unlock the gate.

Background

In April 2016, 950 purebred Holstein animals were sold from Cradenhill farm by the Cork County Sheriff Sinead McNamara amid strong security presence and a court order preventing those associated with the Land League from entering. The sale arose from a judgment obtained by ACC Loan Management for €2.45m against the Kingstons. Speculation that these animals had been purchased by or on behalf of the Kingston family was later confirmed but due to failure to receive payment the animals had to be resold.

Since then, the 170-acre farm was advertised for sale but Peter Kingston and his family returned to the land in early August which prompted the receivers to seek an interim injunction ordering them off the property.

Full coverage: Cradenhill case