McQuaid v Start Mortgages DAC & Anor (Approved) [2023] IEHC 188 (18 April 2023)
The lis pendens should be vacated because the plaintiff unreasonably delayed prosecution of proceedings, evidenced by failure to serve the summons for 19 months, with no adequate justification for the delay.
- Citation
- [2023] IEHC 188
- Parties
- Plaintiff: James McQuaid; First Defendant: Start Mortgages Designated Activity Company; Second Defendant: John Coulston
- Jurisdiction
- Ireland
- Judgment Date
- 18 April 2023
- Procedural Posture
- Motion to Vacate Lis Pendens / Ex Tempore Judgment
- Outcome
- lis pendens vacated
- Legal Topics
- Lis Pendens, Delay in Prosecution, Vacation of Lis Pendens, Standing to Apply, Service of Summons
Case Brief
Summary, issues, holding and outcome
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Parties
James McQuaid
Plaintiff
Start Mortgages Designated Activity Company
First Defendant
John Coulston
Second Defendant
Procedural Posture
Motion to Vacate Lis Pendens / Ex Tempore Judgment
Legal Issues
- 1 Whether the lis pendens should be vacated due to unreasonable delay in prosecuting proceedings
- 2 Whether the defendants have standing to apply for vacation of lis pendens
Ratio Decidendi
The lis pendens should be vacated because the plaintiff unreasonably delayed prosecution of proceedings, evidenced by failure to serve the summons for 19 months, with no adequate justification for the delay.
Court Disposition
lis pendens vacated
Orders
- Order to vacate lis pendens pursuant to s.123(b)(ii) of the Land and Conveyancing Law Reform Act 2009
- Cancellation of lis pendens entry in Central Office register upon lodging attested copy of order
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