Bennett & ors -v- Earlsfort Centre (Developments) UnLtd Company [2018] IEHC 61 (13 February 2018)

Bennett & ors -v- Earlsfort Centre (Developments) UnLtd Company [2018] IEHC 61 (13 February 2018)

The amendments sought by the plaintiffs are not necessary to determine the real issues in controversy, which are limited to specific performance and/or damages for breach of contract, not ownership or interest in land; the lis pendens does not comply with statutory requirements as the action is not prosecuted bona fide in relation to a claim to an estate or interest in land; trial of preliminary issue is not appropriate as peripheral issues will not significantly prolong trial.

Citation
[2018] IEHC 61
Parties
First, Second and Third Plaintiffs: Jonathan Bennett, Paul McCleary and Sean O’Donoghue trading as BMO Partners; Fourth Plaintiff: Bennett McCleary Architects Limited; Defendant: Earlsfort Centre (Developments) Unlimited Company
Jurisdiction
Ireland
Judgment Date
13 February 2018
Procedural Posture
Commercial Plenary Action / Interlocutory Motions—application to Amend Statement of Claim, Application to Vacate Lis Pendens, Application for Trial of Preliminary Issue
Outcome
Plaintiffs' application to amend statement of claim refused; defendant's application to vacate lis pendens granted; defendant's application for trial of preliminary issue refused.
Legal Topics
Lis Pendens, Amendment of Pleadings, Specific Performance, Damages, Trusts, Vendor's Lien, Preliminary Issue, Contract Interpretation
Property Law Contract Law Civil Procedure Lis Pendens Amendment of Pleadings Specific Performance Damages Trusts +3 more

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Parties

Jonathan Bennett, Paul McCleary and Sean O’Donoghue trading as BMO Partners

First, Second and Third Plaintiffs

Bennett McCleary Architects Limited

Fourth Plaintiff

Earlsfort Centre (Developments) Unlimited Company

Defendant

Procedural Posture

Commercial Plenary Action / Interlocutory Motions—application to Amend Statement of Claim, Application to Vacate Lis Pendens, Application for Trial of Preliminary Issue

Legal Issues

  1. 1 Whether plaintiffs may amend statement of claim to include claims to an interest in land or trust
  2. 2 Whether lis pendens registered complies with s.121 Land & Conveyancing Law Reform Act 2009
  3. 3 Whether action is prosecuted bona fide to support lis pendens

Ratio Decidendi

The amendments sought by the plaintiffs are not necessary to determine the real issues in controversy, which are limited to specific performance and/or damages for breach of contract, not ownership or interest in land; the lis pendens does not comply with statutory requirements as the action is not prosecuted bona fide in relation to a claim to an estate or interest in land; trial of preliminary issue is not appropriate as peripheral issues will not significantly prolong trial.

Court Disposition

Plaintiffs' application to amend statement of claim refused; defendant's application to vacate lis pendens granted; defendant's application for trial of preliminary issue refused.

Orders

  • Refusal of plaintiffs' application to amend statement of claim.
  • Order vacating lis pendens registered on Folio 135340F.