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Finbar Tolan refused Supreme Court appeal in Aurivo Co-Operative cattle credit dispute

By Orla Quinn

Historic decision · Decision date:

Place: no local area assigned from the source.

The cattle dealer said he had a binding agreement on credit terms signed on 16 July 2012, but the High Court and Court of Appeal found it was not a contract.

Finbar Tolan has been refused leave to appeal to the Supreme Court in his contract dispute with Aurivo Co-Operative Society Limited. The determination was delivered on 28 July 2016.

Mr Tolan is a cattle dealer who bought cattle on credit at the society's marts for many years. He said a document signed on 16 July 2012 was an enforceable contract on the terms of his credit. He said the society went back on it at a meeting on 9 August 2012 and refused him credit afterwards.

The High Court found the document was not a contract. It said the document recorded work in progress and left open whether there should be a limit on how many animals he could buy on credit. The Court of Appeal upheld that on 5 May 2016, finding that the agreement lacked essential details such as its duration or limits on purchases.

Mr Tolan told the Supreme Court the ruling had created uncertainty in contract law and that the withdrawal of credit had destroyed him financially. The society said the dispute was between private parties and had no wider implications.

The Supreme Court said the only point of law raised was whether the Court of Appeal was wrong to weigh the evidence against the background of the parties' relationship.

The court said:

"That does not appear to be a sustainable proposition."

Much of his application criticised the courts' analysis of the facts, which did not meet the constitutional criteria for leave.

Sources

Source: Courts Service of Ireland. Read the linked determination for the court’s exact decision.

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