Coulston v Doyle (Approved) [2023] IEHC 546 (10 August 2023)

Coulston v Doyle (Approved) [2023] IEHC 546 (10 August 2023)

The lis pendens was vacated because the underlying proceedings were not prosecuted bona fide, there was unreasonable delay, and the registration was an abuse of process. The receiver is a person affected and entitled to bring the application. The novation of the receivership was valid and the receiver's appointment continued after the transfer of the loan and mortgage.

Citation
[2023] IEHC 546
Parties
Plaintiff: John Coulston; Defendant: Patrick Doyle
Jurisdiction
Ireland
Judgment Date
10 August 2023
Procedural Posture
Special Summons / Application to Vacate Lis Pendens and Restrain Further Registration
Outcome
Application granted
Legal Topics
Lis Pendens, Receivership, Abuse of Process, Delay in Prosecution, Novation of Receivership
Property Law Civil Procedure Lis Pendens Receivership Abuse of Process Delay in Prosecution Novation of Receivership

Case Brief

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Parties

John Coulston

Plaintiff

Patrick Doyle

Defendant

Procedural Posture

Special Summons / Application to Vacate Lis Pendens and Restrain Further Registration

Legal Issues

  1. 1 Whether the lis pendens should be vacated due to lack of bona fide prosecution and unreasonable delay
  2. 2 Whether the receiver is a 'person affected' entitled to bring the application under s.123 of the Land and Conveyancing Law Reform Act 2009
  3. 3 Validity of the receiver's appointment and novation after transfer of the loan/mortgage

Ratio Decidendi

The lis pendens was vacated because the underlying proceedings were not prosecuted bona fide, there was unreasonable delay, and the registration was an abuse of process. The receiver is a person affected and entitled to bring the application. The novation of the receivership was valid and the receiver's appointment continued after the transfer of the loan and mortgage.

Court Disposition

Application granted

Orders

  • Lis pendens vacated under inherent jurisdiction and s.123 of the Land and Conveyancing Law Reform Act 2009
  • Order restraining the defendant from registering any further lis pendens over the property