Kerry man ordered to pay all legal costs in K Club case
The former manager at the K Club who last week lost his High Court action against Dr Michael Smurfit, the K Club and one of its employees was today ordered by the High Court to pay all the legal costs of the case.
Kerry man, Peter Curran now faces a huge legal costs bill after the 28-day action in the High Court.
The costs bill is expected to run to a high six-figure amount as the legal teams on the Smurfit and K Club sides alone included four senior counsel as well as junior counsel and solicitors.
It is believed the legal costs bill in the case could run to over €500,000 according to sources.
The judge who was told 51-year old Peter Curran from Cahirciveeen, Co Kerry, is "impecunious" said the court "must effectively be blind" as to whether the parties are wealthy or poor.
After hearing submissions from the Curran side that the rule where costs follow the event should not apply in this case, the judge ruled there was "no basis in law, justice or logic" to do that.
Last week, Mr Justice Anthony Barr dismissed the case against all the defendants and ruled former K Club manager Peter Curran had not been threatened at Punchestown races seven years ago. The judge also found
Mr Curran had sent five bogus emails in a desperate attempt to entice the K Club superintendent, Gerry Byrne, whom he alleged made a threat to him at the races in 2011 into making an "inculpatory statement" which would also incriminate the luxury resort owner and millionaire businessman Michael Smurfit.
This, the judge said, would have ended the litigation and resulted in a "windfall of damages" to Mr Curran.
The judge said he was satisfied Mr Curran sent the emails to Mr Byrne and he found Mr Curran had "lied continually" in relation to what he told various parties and also in his evidence to the court on the matter.
Peter Curran had sued his former employer the K Club Ltd, Straffan, Co. Kildare, Dr Michael Smurfit and K Club resort superintendent Gerry Byrne.
Mr Curran had claimed on May 7, 2011, his way was blocked in the toilets at Punchestown Races and Mr Byrne allegedly said: "Dr Smurfit has not forgotten the statements about him and the call girls. Dr Smurfit knows where to find you and this is not over."
All three defendants had denied all the claims.
In court today, Counsel for Mr Byrne, Bernard McDonagh SC, applied for his costs along with counsel for the K Club and Dr Smurfit.
Mr Justice Anthony Barr said Mr Curran has no assets other than a personal injury action pending before the courts relating to when he stepped on a cover over a water junction in 2015 and he claims he suffered a bone fracture.
Even if Mr Curran received damages whether he settled or won his action, the judge said there was a lean on the monies in relation to the fees of expert witnesses called by his side in the K Club case.
The judge said the court "must effectively be blind" as to whether the parties are wealthy or poor. He said it was not a matter for the court to draw inferences because one person may be wealthy and the other impecunious.
The judge said it was submitted that Mr Curran did not have the mental capacity as ordinary litigants would normally have.
Mr Justice Barr said he accepted that Mr Curran has had significant mental difficulties from around 1999 and which continued to the present time.
He said having regard to the medical evidence he was not convinced these were of such a nature or a degree that it could be said his capacity to make a decision in relation to litigation was adversely affected to such a degree he should be absolved from the consequences of the findings made.
Referring to the point made that Dr Michael Smurfit had not been called to give evidence, the judge said a subpoena had been issued requiring the businessman to attend court, but he was then excused due to his medical condition before the case adjourned in the summer.
The court, when the case resumed in October, was going to decide whether Mr Smurfit should be directed to give evidence by video link. Mr Justice Barr said Counsel for Mr Curran indicated their side had decided not to call Mr Smurfit as a witness.
As a result, the judge said the Curran side could not now make any complaint in relation to a failure to call Dr Smurfit as a witness.
