The environmental complaint by residents against a landlord for the noise allegedly caused by students at his properties near University College Cork will be heard on Friday.
The case was scheduled to go ahead on July 3 but Judge Con O’Leary indicated that it might be said that there was a conflict of evidence because he once owned an apartment in an area where the landlord in this case also owned an apartment.
The matter was adjourned for Judge Olann Kelleher to deal with it instead today. However, there was an application to adjourn the case until Friday and Judge Kelleher agreed to that adjournment.
It will be heard at 10.30 am on that date.
Judge O’Leary explained to residents who brought the case a few days ago that he once owned an apartment in the same area as a property owned by the landlord in the proceedings.
The judge said he no longer owned this apartment but he said, “I don’t want someone to say afterwards that we (the judge and the landlord) were friends.
“Judge Olann Kelleher does not know anyone involved.”
Solicitor David McCoy brought the action on behalf of two complainants, Sadie O’Mahony of Highfield West and Muiréad O’Callaghan of Connaught Avenue in respect of complaints of noise from properties in their areas owned by Fachtna O’Reilly, who was represented in court today by solicitor, Eamonn Murray.
The action is taken under the Environmental Protection Agency Act 1992 in relation to noise disturbance.