Receiver was not a necessary party to tenant’s appeal

Costs of legal proceedings – receiver seeking his costs following a tenant's unsuccessful statutory appeal – receiver was a notice party to the appeal - Court already determined that the Private Residential Tenancies Board is entitled to its costs – tenant was ordered to pay a substantial amount of arrears of rent and ordered to vacate the premises – leasehold interest held by a limited liability company – company went into receivership - procedural history - use of the incorrect procedure - special summons struck out by the Master of the High Court – argued that the receiver had a legitimate interest to protect which was different to that of the PRTB – argued he had a duty to protect the tenancy – Court directed for the service of a notice of opposition by the receiver - general discretion with regard to costs of the notice party - generally costs follow the event - a notice party that had defended its legitimate interests entitled to costs - whether it is necessary to participate – costs will depend on the degree of participation of the notice party and whether that was justified – statutory appeal confined to questions of legal construction - High Court may not on a statutory appeal on a point of law against a decision of the PRTB make any primary findings of fact - the argument of the notice party must, to a large extent, be constrained by the reasons and reasoning of the Tribunal in its primary decision and the basis for that decision - whether a notice party was a “necessary party” as a litigant - a notice party to a statutory appeal has a choice whether to instruct lawyers, and a separate choice whether to attend and participate in the hearing - interest of the receiver and that of the PRTB were identical, namely an interest in upholding the decision that the tenancy was lawfully determined and that substantial arrears of rent were owed and were directed to be paid - the notice party could adequately have dealt with this appeal by direct engagement with the solicitors for the PRTB – to award the receiver with costs would defeat the purpose of the legislation and the desire of the Oireachtas to achieve a cost effective and speedy resolution of disputes in the residential sector - unnecessary additional costs incurred by the receiver in engaging with the proceedings in the Masters Court and in dealing with the procedural difficulties that arose as a result of the adoption of an incorrect procedure - procedural errors made by the tenant in the prosecution of the claim added considerably to the costs and expenses incurred by the receiver in having to engage with the appeal - entitled to the costs of the appearances and attendances necessitated by the initiated of the proceedings in the incorrect manner.