Marc Godart, a landlord based in Luxembourg and the only director of his insolvent firm, Green Label Short Lets Ltd, has implored Dublin’s High Court not to hold him or his business accountable for a former tenant’s legal expenses involved in the case about a €15,433 Residential Tenancies Board (RTB) award against them.
Mr Justice Brian Cregan determined it would take a week to make a judgement regarding the legal fees due to the case’s intricate legal characteristics.
The court case was initiated by Lizet Peña-Herrera, a previous tenant of Green Label, after being unjustly evicted from her Vintage Court, Cork Street, Dublin 8 residence. In 2022, the court demanded that Green Label compensate Ms Peña-Herrera €15,433.
Mr Godart declared in an affidavit that his company was no more operational and lacked the necessary funds to pay Ms Peña-Herrera. As a result, she was able to secure an order compelling Mr Godart to provide an explanation of his company’s finances in court.
After this development, the court was informed that Green Label had procured a loan to settle the owed amount. Despite the original case being against Green Label alone, Ms Peña-Herrera’s legal representation is campaigning for Mr Godart and his firm to be held responsible for her legal expenses.
John Kennedy, Ms Peña-Herrera’s senior counsel, argued fervently that Mr Godart is the actual party involved in the application. He highlighted the risks his client had to assume to seek justice in the High Court.
Mr Kennedy, under the guidance of McGrath Mullan, asserted that since his client’s case resulted in her securing the owed amount, the court must take into account what is just. In addition, the deceptive actions of Green Label and Mr Godart should be examined.
Gary McCarthy SC, representing Mr Godart, pleaded for no costs order to be imposed on his clients, arguing that the proceedings had been drawn out unnecessarily and had been before the court 11 times. Furthermore, he cited faults in Ms Peña-Herrera’s application, some of which were upheld by the court. Mr McCarthy, therefore, contested the demand for the landlord to cover her legal expenses.
Judge Cregan has commented on the dispute over the application, stating it was vehemently contested until an order was issued for Mr Godart to stand trial. It was at this point that a full payment cheque towards the plaintiff was seemingly produced out of the blue. Mr McCarthy, under the direction of Shields Solicitors, made it clear that the money had been loaned. He further asserted that a company with no financial means cannot be accused of blatantly defying a court order to make a payment. The decision on the application for costs is scheduled to be made next Thursday.