Denis Cremins claims SWS Energy Ltd is in breach of a joint venture agreement (JVA) with him for the construction of a 29-turbine wind farm at Knockacummer, and is seeking orders restraining the development unless all conditions attached to it are fully complied with.

He claims the wind farm now under construction is "entirely different" to that for which permission was granted in 2005, with "very significant" consequences for his personal property rights and for the environment.

The proceedings against SWS, with registered offices at Shinagh, Bandon, Co Cork, were admitted to the Commercial Court yesterday by Ms Justice Mary Finlay Geoghegan and adjourned to July 27th.

Mr Cremins, of Muinganaire, Knocknagoshel, Co Kerry, claims he entered into a JVA and other agreements with SWS in March 2003 for the development of lands owned by him at north Co Cork as part of the wind farm development.

Mr Cremins claims SWS has now commenced development on lands not owned by him and is refusing to give effect to its obligations under the JVA and the planning permission to erect nine turbines on his lands.