Wexford man granted stay in farm machinery caseFriday 24 May 2013 22.31
A Co Wexford man who was ordered by the High Court to hand over farm machinery purchased with an elderly woman's money has been granted a one week stay on the order.
The man, whose aunt is a ward of court, was found by the High Court to have used almost €1 million of her money.
Earlier, this month the High Court made orders forcing him to hand over property including farm machinery and he was refused a stay on the order.
The Supreme Court granted a one week stay after the man said he and his partners would go out of business if the machinery was taken.
He said they had contractual obligations to fulfil work as agricultural contractors and it was coming into a busy season for them.
He is appealing the findings of the High Court and told the Supreme Court his aunt had given him the money and had specified how much could be spent on machinery.
Lawyers for the court approved a committee be set up to manage the woman's affairs said the High Court had found after a nine day hearing that the man had used over €300,000 to buy machinery using the plaintiff's money.
The total amount involved in the judgment against him was €900,000.
The machinery was therefore her property, being held on trust.
The application for the stay was being opposed, the court heard.
Chief Justice Mrs Justice Susan Denham said the court would grant a stay on the order relating to the machinery.
The man will apply to the High Court next week to have all orders stayed pending an appeal to the Supreme Court.