Judge Groarke said he was not satisfied the intention of the Prendergasts was to discriminate against Mr Keogh or anybody else receiving HAP.He observed it was the first time they had rented the property and there was “a quagmire of legislation”, which they were not familiar with.
“But unfortunately the law says that people are presumed to know the law and must act within the law whether they know what it is or not,” the judge said.
“I think that this was probably a human error, a human mistake on the part of the Prendergasts and they had no particular intention to treat anybody in a discriminatory fashion,” he said.
“I don’t think there was any mala fides on their part. I don’t think they are that kind of people. However, there was discrimination,” the judge added.