Pena-Herrera v Green Label Short Lets Ltd (No 2) (Approved) [2024] IEHC 425 (11 July 2024)

Pena-Herrera v Green Label Short Lets Ltd (No 2) (Approved) [2024] IEHC 425 (11 July 2024)

Mr. Godart, as the sole director and controlling mind of an insolvent company, was the real party behind the litigation, acted in bad faith, funded and controlled the defence, and would benefit from resisting the application; justice requires he be made personally liable for 80% of the applicant’s costs, as the...

Source-derived case information.

Citation
[2024] IEHC 425
Parties
Plaintiff: Lizet Pena-Herrera; First Named Respondent: Green Label Short Lets Limited; Second Named Respondent: Marc Godart
Jurisdiction
Ireland
Judgment Date
11 July 2024
Procedural Posture
Costs Application Following Judgment in Company Law Proceedings / Post Judgment, Determination of Costs Liability
Outcome
Mr. Godart ordered to pay 80% of the applicant's costs, such costs to be taxed in default of agreement.
Legal Topics
Non Party Costs Orders, Director Liability for Costs, Enforcement of Judgments, Residential Tenancies, Unlawful Eviction
Company Law Civil Procedure Non Party Costs Orders Director Liability for Costs Enforcement of Judgments Residential Tenancies Unlawful Eviction

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Parties

Lizet Pena-Herrera

Plaintiff

Green Label Short Lets Limited

First Named Respondent

Marc Godart

Second Named Respondent

Procedural Posture

Costs Application Following Judgment in Company Law Proceedings / Post Judgment, Determination of Costs Liability

Legal Issues

  1. 1 Whether Mr. Marc Godart should be made personally liable for the applicant's costs as a non-party director of an insolvent company
  2. 2 Application of Moorview principles to non-party costs orders
  3. 3 Extent of costs liability given partial success of applicant

Ratio Decidendi

Mr. Godart, as the sole director and controlling mind of an insolvent company, was the real party behind the litigation, acted in bad faith, funded and controlled the defence, and would benefit from resisting the application; justice requires he be made personally liable for 80% of the applicant’s costs, as the applicant was not successful on all arguments.

Court Disposition

Mr. Godart ordered to pay 80% of the applicant's costs, such costs to be taxed in default of agreement.

Orders

  • Mr. Godart is personally liable for 80% of the applicant's costs.
  • Costs to be taxed in default of agreement.