Court awards dairy farmer €300,000

TIPPERARY farmer John Hanrahan has secured some €300,000 damages at the High Court over the failure of the Department of Agriculture to return to him 233 of a total of 355 cattle seized from his farm following a dispute about their welfare.

Mr Hanrahan, who previously won a landmark case over damage to his animals from pollution from a neighbouring drug manufacturing factory, had sued the minister for agriculture and food over the seizure and sale of the cattle.

The department seized 355 cattle from the dairy herd belonging to Mr Hanrahan at his farm at Ballcurkeen, Carrick-on-Suir, over two days on March 15 and 16, 2006. The High Court found welfare issues justified the seizure at that time.

An agreement was reached between Mr Hanrahan and the department on April 11, 2006, under which a number of cattle would be returned to Mr Hanrahan’s farm so as to bring the total number of animals up to a maximum 328 livestock units. The department later accused Mr Hanrahan of failure to comply with the agreement and said the minister intended to sell some animals. The minister returned 149 animals and sold 223 others for €55,250 on June 2, 2006.

In his judgment on proceedings by Mr Hanrahan in June 2009, Mr Justice Bryan McMahon found the minister had breached the April 2006 agreement in failing to deliver the 223 cattle back and by selling them.

Yesterday, Mr Justice McMahon addressed the issue of damages due to Mr Hanrahan over the minister’s breach of agreement.

After allowing for several matters, the judge put a current value of €141,230 on the 223 animals. He awarded a further €145,000 for loss of income arising from the fact the animals were not returned, less €18,000 for monies Mr Hanrahan had received for letting out his milk quota from 2006.

He also awarded €25,000 for stress, upset and inconvenience to Mr Hanrahan arising from the department’s breach of agreement. Further sums awarded under other headings brought the total damages to €304,320.