Darcy v AIB PLC & Ors (Approved) [2023] IEHC 162 (29 March 2023)

Darcy v AIB PLC & Ors (Approved) [2023] IEHC 162 (29 March 2023)

The plaintiff's current statement of claim does not constitute a claim seeking an estate or interest in land for which a lis pendens can be validly registered, but if amended to reflect the reliefs sought in the summons, it would constitute such a claim. The court will stay proceedings to allow the plaintiff to seek leave to amend; failing amendment, the lis pendens will be vacated.

Citation
[2023] IEHC 162
Parties
Plaintiff: Antoinette Darcy; Defendant: AIB PLC; Defendant: Everyday Finance DAC; Defendant: Hilary Larkin; Defendant: Amy Byrne
Jurisdiction
Ireland
Judgment Date
29 March 2023
Procedural Posture
High Court Civil Proceedings / Interlocutory Application to Vacate Lis Pendens
Outcome
Stay of proceedings pending amendment of statement of claim; conditional order to vacate lis pendens if amendment not pursued or refused.
Legal Topics
Lis Pendens, Mortgage Enforcement, Receiver Appointment, Bona Fide Prosecution, Amendment of Pleadings
Property Law Banking Law Civil Procedure Lis Pendens Mortgage Enforcement Receiver Appointment Bona Fide Prosecution Amendment of Pleadings

Case Brief

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Parties

Antoinette Darcy

Plaintiff

AIB PLC

Defendant

Everyday Finance DAC

Defendant

Hilary Larkin

Defendant

Amy Byrne

Defendant

Procedural Posture

High Court Civil Proceedings / Interlocutory Application to Vacate Lis Pendens

Legal Issues

  1. 1 Whether the plaintiff's statement of claim supports registration of a lis pendens
  2. 2 Whether the lis pendens was registered and prosecuted bona fide
  3. 3 Whether the plaintiff's action is being prosecuted bona fide or for an improper purpose

Ratio Decidendi

The plaintiff's current statement of claim does not constitute a claim seeking an estate or interest in land for which a lis pendens can be validly registered, but if amended to reflect the reliefs sought in the summons, it would constitute such a claim. The court will stay proceedings to allow the plaintiff to seek leave to amend; failing amendment, the lis pendens will be vacated.

Court Disposition

Stay of proceedings pending amendment of statement of claim; conditional order to vacate lis pendens if amendment not pursued or refused.

Orders

  • Plaintiff to bring motion to amend statement of claim within four weeks.
  • Matter listed for hearing on 4 May 2023.