Peter Kingston from Nohaval, Kinsale, Co Cork, has been given one week to file an affidavit in response to the interim injunction granted to the appointed receivers of the farm last Thursday. Mr Kingston was ordered to file the affidavit at a hearing in the High Court in Dublin on Tuesday.

However, until such time as a hearing takes place, those orders granted by Mr Justice David Keane last week on an ex parte basis will continue to be in force. This means that Peter, Tracey and Richard Kingston do not have possession of the 170ac Co Cork farm.

Receivers

Peter Kingston represented himself in the High Court on Tuesday. He told Justice Nicholas Kearns that he had not yet been served the papers granted to the receivers Kieran Wallace and David Swinburne of KPMG.

The receivers had been granted liberty to notify the Kingstons by way of email. However, no proof of service was given. Peter Kingston was handed the papers outside the courtroom, while his wife Tracey and son Richard will be served with them via post and email.

The receivers were successful in resuming possession of the farm last Friday morning. Their representative said that not all the injunctions granted last week had to be served, given that the need had not arisen. The injunction was granted on the grounds that livestock may be moved from a neighbouring property on to the land in question.

Ragwort

Kingston claimed that he returned to the farm in order to deal with a ragwort problem developing on the farm, which required him to spend three days pulling them from the ground. Kingston also expressed concern that a number of his cats had disappeared. However, Judge Kearns assured him that should it transpire that the injunction should not have been granted, then Kingston would receive payment for losses accrued.

The matter will be listed for hearing by Mr Justice O’Connor in two weeks' time.

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