Cunnane v. Shannon Foynes Port Company [2002] IESC 55 (08 July 2002)

Cunnane v. Shannon Foynes Port Company [2002] IESC 55 (08 July 2002)

Mr. Cunnane did not claim any proprietary interest in the premises, nor would a successful outcome of his proceedings result in such an interest. His only possible claim was as a potential bidder in a future sale, which does not amount to a registrable interest under the Judgments (Ireland) Act, 1844. Therefore, the proceedings were not registrable as a lis pendens.

Citation
[2002] IESC 55
Parties
Plaintiff/appellant: Bernard Cunnane; Defendant/respondent: Shannon Foynes Port Company
Jurisdiction
Ireland
Judgment Date
08 July 2002
Procedural Posture
Appeal / Supreme Court Judgment on Appeal From High Court Order Vacating Lis Pendens
Outcome
Appeal dismissed
Legal Topics
Lis Pendens, Proprietary Interest, Registration of Pending Litigation, Harbours Act 1996
Property Law Civil Procedure Lis Pendens Proprietary Interest Registration of Pending Litigation Harbours Act 1996

Case Brief

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Parties

Bernard Cunnane

Plaintiff/appellant

Shannon Foynes Port Company

Defendant/respondent

Procedural Posture

Appeal / Supreme Court Judgment on Appeal From High Court Order Vacating Lis Pendens

Legal Issues

  1. 1 Whether the plaintiff's proceedings were registrable as a lis pendens under the Judgments (Ireland) Act, 1844
  2. 2 Whether a claim to participate in the open market value of property, without a proprietary interest, is sufficient to support a lis pendens

Ratio Decidendi

Mr. Cunnane did not claim any proprietary interest in the premises, nor would a successful outcome of his proceedings result in such an interest. His only possible claim was as a potential bidder in a future sale, which does not amount to a registrable interest under the Judgments (Ireland) Act, 1844. Therefore, the proceedings were not registrable as a lis pendens.

Court Disposition

Appeal dismissed

Orders

  • Order of the High Court vacating the lis pendens affirmed