A firm operated by controversial landlord Marc Godart has instructed its lawyers not to appeal an order compelling him to come to court if the judge decides to make no legal costs order against it, the High Court has heard.
Lawyers for Green Label Short Lets Ltd told Mr Justice Brian Cregan that a decision on whether or not to appeal the order “depends” on how the court rules on liability for costs of an application brought by a woman who Green Label unlawfully evicted from a property at Vintage Court, Cork Street, Dublin 8.
Gary McCarthy SC, instructed by Shields Solicitors, immediately clarified that while this stance “sounds kind of like a threat” it is “certainly” not meant that way at all.
Mr Justice Cregan said it seemed to him an “extraordinary position” that “seems an attempt to negotiate with the court” and to indicate a lack of bona fides for the appeal.
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Mr McCarthy said he had been asked a direct question about his client’s appeal intentions and he did not want to “dodge” this. The position was not an attempt to negotiate with the court, he said.
Rather, the position accounts for various elements being considered, including whether an attempt might be made by the former tenant, Lizet Peña-Herrera, to seek costs against Mr Godart (35) personally, he said.
Mr Godart, the sole director of Green Label, was not the respondent to her application for him to appear before the court to give evidence about the company’s finances.
Mr McCarthy said that normally a court makes final orders, including on costs, before a party decides whether or not to appeal. He noted the order summoning the Luxembourg national to appear came from the court’s “own motion” and that Ms Peña-Herrera’s application seeking this, which she brought as a Green Label creditor, was deemed not properly before the court.
Ms Peña-Herrera, a psychologist from Bolivia who has been living in Ireland since 2008, is attempting to enforce RTB awards of more than €15,000 she secured against the company for a termination notice and an “egregious unlawful eviction” in 2022.
John Kennedy SC, for Ms Peña-Herrera, said the company’s position on a potential appeal, as outlined to the court, was “wholly inappropriate” and “is almost like a threat to the court”.
Mr Kennedy, with Liam Bell BL, instructed by McGrath Mullan Solicitors, asked the court to defer the issue of costs, over which, he said, the court has a broad discretion.
Mr Justice Cregan said deferring the issue of costs could leave Green Label in a “bit of a bind” and raised issues of procedural fairness. He agreed with Mr McCarthy that he should not defer the matter and said he will hear submissions on costs next Wednesday.
He said he will decide on costs and this will bring clarity to the question of an appeal.
He was told there had been agreement on draft orders related to sharing Green Label financial records with Ms Peña-Herrera.
She was evicted after raising health and safety concerns arising from alleged overcrowding in the premises.
The RTB awards were not paid, so she got a District Court order for payment of the debt plus costs. Mr Godart, who has substantial property interests in Ireland, has told the court in writing that the firm has no assets and has effectively ceased operations.
Last month, Mr Justice Cregan ruled that the court could, of its own motion, direct Mr Godart to give evidence. The judge said he was not satisfied Mr Godart had set out the full truth of matters on affidavit, so it must question him further including about who the correct landlord was in this case.
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