O'Loughlin & Anor v Moran & Ors (Approved) [2021] IEHC 852 (05 October 2021)

O'Loughlin & Anor v Moran & Ors (Approved) [2021] IEHC 852 (05 October 2021)

The plaintiffs registered the lis pendens not for the proper purpose of notifying prospective purchasers of a genuine proprietary claim, but to exert commercial pressure on the defendants to extract money. This constitutes an abuse of process and is not a bona fide prosecution of the action within the meaning of section 123(b)(ii) of the Land and Conveyancing Law Reform Act 2009. The lis pendens must therefore be vacated.

Citation
[2021] IEHC 852
Parties
Plaintiff: Johnny O'Loughlin; Plaintiff: Mount Pleasant Development Limited; Defendant: Michael Moran; Defendant: Seabren Holdings Limited; Defendant: Seabren Developments Limited; Defendant: Refit Seabren Unlimited Company; Defendant: HITC Properties Limited
Jurisdiction
Ireland
Judgment Date
05 October 2021
Procedural Posture
Plenary Summons / Interlocutory Motion to Vacate Lis Pendens
Outcome
Application granted
Legal Topics
Lis Pendens, Abuse of Process, Joint Venture Disputes, Trusts and Equitable Interests
Property Law Civil Procedure Lis Pendens Abuse of Process Joint Venture Disputes Trusts and Equitable Interests

Case Brief

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Parties

Johnny O'Loughlin

Plaintiff

Mount Pleasant Development Limited

Plaintiff

Michael Moran

Defendant

Seabren Holdings Limited

Defendant

Seabren Developments Limited

Defendant

Refit Seabren Unlimited Company

Defendant

HITC Properties Limited

Defendant

Procedural Posture

Plenary Summons / Interlocutory Motion to Vacate Lis Pendens

Legal Issues

  1. 1 Whether the plaintiffs' registration of lis pendens over three properties was bona fide or an abuse of process
  2. 2 Whether the plaintiffs have a proprietary interest in the properties sufficient to justify lis pendens
  3. 3 Whether the lis pendens should be vacated under section 123 of the Land and Conveyancing Law Reform Act 2009

Ratio Decidendi

The plaintiffs registered the lis pendens not for the proper purpose of notifying prospective purchasers of a genuine proprietary claim, but to exert commercial pressure on the defendants to extract money. This constitutes an abuse of process and is not a bona fide prosecution of the action within the meaning of section 123(b)(ii) of the Land and Conveyancing Law Reform Act 2009. The lis pendens must therefore be vacated.

Court Disposition

Application granted

Orders

  • Lis pendens registered by the plaintiffs over the Europa Site, Annesley Gardens, and The Glebe are vacated.