She claims no such notice has been served on her and has made a referral to the RTB, which provides a dispute resolution service for tenants and landlords. She further claimed that the repossession proceedings should be put on hold and adjourned until the RTB had determined the matter. The application was opposed by the plaintiffs.
When the matter was mentioned before Mr Justice Simons on Monday, the judge said the receiver and the fund were entitled to their legal costs. However, after being told that the matter was being appealed, the judge placed a stay on the repossession application and the costs orders pending the outcome of the appeal. The judge also gave the sides liberty to apply to the court should the need arise.
He has brought proceedings over the fraud that he claims has been committed against him, which he has linked to the repossession action. Mr Fitzgerald also claims that the repossession claim should be before the Circuit Court and not the High Court.
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