Keaney v Sullivan & Ors (Approved) [2021] IESC 43 (16 July 2021)

Keaney v Sullivan & Ors (Approved) [2021] IESC 43 (16 July 2021)

All issues in the proceedings have been finally determined against Mr. Keaney; there is no basis to depart from normal practice that costs follow the event and lis pendens must be vacated.

Citation
[2021] IESC 43
Parties
Plaintiff/appellant: Vincent Keaney; First Defendant: James Sullivan; Second Defendant: Joan Sullivan; Third Defendant: St. John Culligan; Fourth Defendant/respondent: Michael Nolan; Fifth Defendant: Titanic Queenstown Trading Company Limited (in liquidation); Sixth Defendant: Magpie International Holding Company Limited (in liquidation); Seventh Defendant: Titanic Queenstown Memorabilia Limited (in liquidation); Eighth Defendant: Allied Irish Banks PLC; Ninth Defendant: Q. E. F. Global Limited; Tenth to Sixteenth Defendants: Roger Duncan, Geoffrey Lewis, David Marsh, Tom Moore, Declan O’Luanaigh, Neil Payne, David Isaacson (carrying on practice under the style and title of Ormsby Rhodes and BKR Ormsby Rhodes); Seventeenth Defendant: Tregan Properties; Eighteenth Defendant/respondent: Julia Nolan
Jurisdiction
Ireland
Judgment Date
16 July 2021
Procedural Posture
Civil Appeal / Post Appeal, Costs and Ancillary Orders
Outcome
Costs awarded to fourth and eighteenth defendants/respondents; lis pendens vacated.
Legal Topics
Costs, Lis Pendens, Vacation of Lis Pendens
Civil Procedure Property Law Costs Lis Pendens Vacation of Lis Pendens

Case Brief

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Parties

Vincent Keaney

Plaintiff/appellant

James Sullivan

First Defendant

Joan Sullivan

Second Defendant

St. John Culligan

Third Defendant

Michael Nolan

Fourth Defendant/respondent

Titanic Queenstown Trading Company Limited (in liquidation)

Fifth Defendant

Magpie International Holding Company Limited (in liquidation)

Sixth Defendant

Titanic Queenstown Memorabilia Limited (in liquidation)

Seventh Defendant

Allied Irish Banks PLC

Eighth Defendant

Q. E. F. Global Limited

Ninth Defendant

Roger Duncan, Geoffrey Lewis, David Marsh, Tom Moore, Declan O’Luanaigh, Neil Payne, David Isaacson (carrying on practice under the style and title of Ormsby Rhodes and BKR Ormsby Rhodes)

Tenth to Sixteenth Defendants

Tregan Properties

Seventeenth Defendant

Julia Nolan

Eighteenth Defendant/respondent

Procedural Posture

Civil Appeal / Post Appeal, Costs and Ancillary Orders

Legal Issues

  1. 1 Whether costs should be awarded to fourth and eighteenth defendants/respondents
  2. 2 Whether lis pendens should be vacated following final determination of proceedings

Ratio Decidendi

All issues in the proceedings have been finally determined against Mr. Keaney; there is no basis to depart from normal practice that costs follow the event and lis pendens must be vacated.

Court Disposition

Costs awarded to fourth and eighteenth defendants/respondents; lis pendens vacated.

Orders

  • Fourth and eighteenth defendants/respondents awarded costs of appeal and affirmation of previous costs orders.
  • Lis pendens in question vacated under s.123 Land and Conveyancing Reform Act, 2009.