herald

Wednesday 18 October 2017

Evicted couple ordered to pay receiver's costs

EVICTED couple Martin and Violet Coyne were dealt a further blow yesterday when the judge who ordered them out of their home awarded legal costs against them.

"It's all about money, isn't it? You're not interested in the human side of this at all," Mr Coyne (73) told Judge Jacqueline Linnane in the Circuit Civil Court

ACC Bank re-possessed the couple's home in Carpenterstown, Dublin, where they had lived for 15 years.

anger

A receiver was appointed by the bank over the assets of Daragh Ward, the Coynes' landlord who fell on hard times and whose property was bought-to-let with an ACC loan.

The bank had wanted vacant possession in order to sell Mr Ward's house, so the Coynes had to go.

Judge Linnane had made an eviction order against the couple, and yesterday bore the brunt of their anger when she awarded legal costs against them in favour of the bank's receiver.

"We are most definitely objecting to costs. We have been treated very badly," Mrs Coyne (61) told the judge.

Despite their protests, Judge Linnane said "costs followed the event" and she said she had to make the order against them in favour of the bank and its receiver.

Judge Linnane said a determination of the Private Residential Tenancies Board in 2013 had required the couple to vacate the property, which they had not complied with.

The PRTB's decision had come before her for enforcement last March 27, which she had done and which had unsuccessfully been appealed by the couple to the High Court.

With the Coynes still in residence, the matter had come before her on a motion to attach and commit the couple to prison for their contempt by non-compliance with a court order.

"You then gave a sworn undertaking to the court that you would vacate the property by July 2, by which time you had not left," Judge Linnane said.

The sheriff had then executed the order of evicting them, and the judge was now dealing with the receiver's application for legal costs.

Judge Linnane said the receiver, Shane McCarthy, had been trying to comply with the duties he had to the bank and the borrower, Mr Ward.

fair

"Costs increased because of the non-compliance with the orders made and costs follow the event," said the judge.

Mr Coyne told her: "You are not interested in the human side of this at all."

The judge replied: "I listened to you personally and a person you brought into court to speak for you, your brother-in-law, who accepted the court was very fair in relation to the matter."

But Mr Coyne, who was evicted last August, had the last word. "Money. That's what this is all about," he told the judge.

hnews@herald.ie

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