A couple have brought High Court proceedings aimed at preventing financial fund-appointed joint receivers from selling a part of their family farm.
The action has been brought by farmer Adrian and Margaret McEllin who are trying to prevent lands owned by them located at Knockmore, Manulla Castlebar, Co Mayo and at Lakeland Lower, Manulla, Castlebar Co Mayo being put up for sale via an auction.
The proceedings are against joint receivers Luke Charleton and Andrew Dolliver of Ernest and Young Chartered Accountants and Everyday Finance DAC.
In their action the couple, who have farmed the property for many years, accept that lands they own were put up as security for loan agreements they entered into with AIB many years ago.
They claim that those loans were purportedly acquired by financial fund Everyday Finance in 2022, and they accept that they have fallen in arrears regarding the repayment of said loans.
Last April, the fund purportedly appointed joint receivers over the lands which the court heard forms a significant part of their family farm.
The lands in question do not include the couple's home, the court also heard.
However, the couple claims that that the defendants by putting up the lands for sale via auction are acting beyond the scope of their powers conferred on them under the terms of the loan agreements.
They also claim that the defendants have refused to provide them with satisfactory evidence that the fund bought their loans.
They further allege that they cannot establish if Everyday has a right to appoint receivers over the lands or if the receivers have a power of sale.
The couple, who are aged in their early 60s, say that they derive their income from their farm, which they claim is 90 acres in total.
They are involved in suckler beef cattle production, and also use their lands to make fodder to feed the cattle over the winter period.
The loss of part of their farm will detrimentally affect their livelihoods, they claim.
They also say that they are concerned about the impact any loss of income will have on them and their two adult sons, who both have Down Syndrome who live on the farm with them, and are not capable of independent living.
Their hope is that their daughter, a qualified Agricultural Scientist and farmer will return home to take over the farm.
They further claim that they have attempted to reduce their indebtedness.
They had an arrangement in place to sell a site for a house on their land.
They offered the proceeds of that sale to AIB, but claim the sale fell through when Everyday, after acquiring their loans, refused to agree to their proposal.
They also claim that they offered 37 acres of their lands up for sale earlier this year.
The couple claim a buyer was found, but again the sale fell through due to objections raised by the fund.
The couple, represented in the action by Darach MacNamara Bl and Donnacha Anhold solicitor, previously obtained a temporary injunction from the court restraining the defendants from selling the lands.
When the matter was mentioned before Mr Justice Tony O'Connor during Friday's vacation sitting in court, the judge was told that the parties had agreed that the matter could be adjourned to a date in October.
The judge was also told that the injunction could be discontinued, as the defendants were prepared to give undertakings to the court not to sell the property, pending a further order from the court.
