In a significant judgement last week, McGrath Mullan secured an order in the High Court that Mr. Marc Godart should pay the costs of the High Court applications seeking to bring him to court to explain why the company he ran, Green Label Short Term Lets Limited, could not pay an RTB award in favour of our client, Ms. Lizet Pena-Herrara.
Cregan J. commented that this was an exceptional case noting the “ruthless and unprincipled way” in which Mr. Godart rendered our client homeless after she had the temerity to complain about conditions in her rented accommodation.
Eventually Mr. Godart’s company paid the award to our client so that he would not have to come to court in person, having resisted our application “tooth and nail” as described by the Court.
The Court found Mr. Godart “acted in bad faith and with impropriety from start to finish…” and that his behaviour “…was unacceptable and unlawful”, noting neither Mr Godart nor his company had ever apologised to our client.
Mr. Godart decided his company would defy the law and disobey an order of the District Court but thanks to our client’s courage and persistence, the Court has shown that persons cannot do so and the orders of the Irish Courts must be adhered to.
We are extremely thankful to Mr. John Kennedy SC and Mr. Liam Bell BL for their skill and determination in bringing this matter to a successful conclusion.
This was a significant and long-running piece of work for this office and we were very happy that our client has managed to get paid the award she was entitled to.
Thankfully, it is not every day that the circumstances which lead to this judgment arise. However, if you have been negatively affected by the actions of any rogue landlord, or you have a Court Order which you are struggling to enforce, please contact us at info@mcgrathmullan.ie and we will endeavor to assist.
You can find both judgements in this matter at the following links:
- [2024] IEHC 429 Pena-Herrera -v- Green Label Short Lets Limited [No.1]
- [2024] IEHC 425 Pena-Herrera -v- Green Label Short Lets Limited (No 2)