Price & Anor -v- Keenaghan Developments Ltd [2007] IEHC 190 (01 May 2007)

Price & Anor -v- Keenaghan Developments Ltd [2007] IEHC 190 (01 May 2007)

There was no concluded agreement between the parties on essential terms (price, property, modifications, inclusion of berth), and thus no enforceable contract for specific performance. The acts relied upon by the plaintiffs did not constitute part performance of a concluded contract. The proceedings disclosed no reasonable cause of action and were an abuse of process, warranting their being struck out and the lis pendens vacated.

Citation
[2007] IEHC 190
Parties
Plaintiff: Alvin Price; Plaintiff: Elizabeth Lynch; Defendant: Keenaghan Developments Limited
Jurisdiction
Ireland
Judgment Date
01 May 2007
Procedural Posture
Civil / Motion to Strike Out Proceedings
Outcome
Plaintiffs' proceedings struck out; lis pendens vacated.
Legal Topics
Specific Performance, Oral Contracts, Part Performance, Strike Out Applications, Lis Pendens, Statute of Frauds
Contract Law Property Law Civil Procedure Specific Performance Oral Contracts Part Performance Strike Out Applications Lis Pendens +1 more

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Parties

Alvin Price

Plaintiff

Elizabeth Lynch

Plaintiff

Keenaghan Developments Limited

Defendant

Procedural Posture

Civil / Motion to Strike Out Proceedings

Legal Issues

  1. 1 Whether there was a concluded oral contract for the sale of land between the plaintiffs and the defendant
  2. 2 Whether acts of part performance existed to satisfy the Statute of Frauds
  3. 3 Whether the proceedings for specific performance should be struck out as disclosing no reasonable cause of action

Ratio Decidendi

There was no concluded agreement between the parties on essential terms (price, property, modifications, inclusion of berth), and thus no enforceable contract for specific performance. The acts relied upon by the plaintiffs did not constitute part performance of a concluded contract. The proceedings disclosed no reasonable cause of action and were an abuse of process, warranting their being struck out and the lis pendens vacated.

Court Disposition

Plaintiffs' proceedings struck out; lis pendens vacated.

Orders

  • Proceedings for specific performance struck out as disclosing no reasonable cause of action.
  • Lis pendens registered against Folio LM5481 vacated.