High Court bid to remove alleged trespassers from historic Tipperary house is adjourned

A High Court application aimed at removing alleged trespassers from an historic county Tipperary building has been adjourned following a challenge to the credibility of an expert report describing the property as a fire safety hazard. 

Mr Justice Brian Cregan put the matter back in order to seek clarification on claims that the reports' author may be the same person who was previously convicted and fined by a criminal court for misrepresenting himself as a building surveyor and an architect. 

Joshua Wilson, who owns Marlfield House, near Clonmel, has asked the court for an injunction restraining several named individuals from continuing to trespass on the property.

He claims they have no legal right to reside at Marlfield House, a protected Palladian-style dwelling house, built in the 1780s, and 33 acres of land.  

Mr Wilson also contents the application is urgent, and that the property needs to be vacated for health and safety reasons. 

While several of the defendants have left the property two of the defendants have opposed Mr Wilson's action and claim they enjoy a valid tenancy agreements, they entered into with the building's former owner. 

The two are Stephen Ghizdavu, who is represented by lawyers in the action, and Patrick Fogarty, who represented himself. who both reside in separate units within Marlfield House. 

Mr Wilson is also seeking orders against Mr Jason Capone, who has resided in a chalet on the grounds of the property. He was neither present at court nor legally represented in the proceedings. 

In support of his claim Mr Wilson's lawyers have submitted a report to the court from a consultant stating that the building is a fire hazard, and needs to be vacated so that renovation works can take place. 

The matter came before Mr Justice Brian Cregan on Friday 

The judge said that the credibility of the report, complied by a Mr Willian Doran, has been challenged by Mr Ghizdavu, who is represented in the action by barrister John Madden.

The judge said that Mr Ghizdavu does not accept that the building is unsafe to live in. 

It was also stated in a sworn statement that the Mr Doran who complied the report may also be the same William Doran who pleaded guilty before a District Court judge in 2021 and 2015 to charges for misrepresenting himself as being an 'architect' and "a building surveyor." 

The judge said that the issues over the credibility of the expert report has been challenged need to be clarified, especially if the person who compiled the report and is the person convicted of the said offences are in fact the same person.

While he was concerned about the fire safety claims the judge said that if the contents of the report turned out not to be true, the court would take "a dim view" of any attempt to use it to "crowbar" persons out of a property where they may have a valid tenancy.     

The judge said a new fire safety report may have to be carried out, and that he was minded to make Tipperary County Council a party to the proceedings, with a view to that body carrying out a fire safety inspection of the property. 

The judge said arising out of the fire safety and other issues in the case, he was adjourning the matter to a date later this month, and put a timetable in place for the exchange of documents.  

Mr Wilson, originally from Santa Fe, New Mexico in the United States, claims that last October he purchased the property from receivers appointed over assets of the previous owner.

Mr Wilson claims that no valid tenancy agreement could have been created under a clause included in the original 2007 mortgage agreement entered into between the lender and the former owners, it is claimed.  

Represented in the action by Patricia Burke Bl, instructed by Kenny Boyd & Co Solicitors Mr Wilson accepts that he was made aware that people had been living at the property when he acquired it, but says they have no legal entitlement to be there, and has never accepted rent from them. 

Through his lawyers Mr Ghizdavu claims to have paid rent in respect of the unit and enjoys the benefit of valid tenancy at the property.

Mr Fogarty told the judge that he has lived at the property for approximately seven years, and paid approximately €300 a month in rent. 

He said that at present he has nowhere to go, and faced the prospect of being put out on the street if the injunction is granted. 

He told the judge that he was looking for alternative accommodation, but it was difficult to find somewhere else to reside in the current housing environment.