Gannon -v- Young & Anor [2009] IEHC 511 (23 October 2009)

Gannon -v- Young & Anor [2009] IEHC 511 (23 October 2009)

The defendants are bona fide prosecuting their claim against the plaintiff in the plenary proceedings, alleging fraud, illegality, and notice; issues of fact remain and the claim is not bound to fail, so the lis pendens cannot be vacated at this juncture.

Citation
[2009] IEHC 511
Parties
Plaintiff: Keith Gannon; Defendant: Cathal Young; Defendant: Odran Young
Jurisdiction
Ireland
Judgment Date
23 October 2009
Procedural Posture
Special Summons / Application to Vacate Lis Pendens, Interlocutory
Outcome
Application refused; lis pendens not vacated.
Legal Topics
Lis Pendens, Registered Land, Specific Performance, Fraud, Illegality, Notice
Property Law Civil Procedure Lis Pendens Registered Land Specific Performance Fraud Illegality Notice

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Parties

Keith Gannon

Plaintiff

Cathal Young

Defendant

Odran Young

Defendant

Procedural Posture

Special Summons / Application to Vacate Lis Pendens, Interlocutory

Legal Issues

  1. 1 Whether the lis pendens registered by the defendants should be vacated
  2. 2 Whether the plaintiff was a bona fide purchaser for value without notice
  3. 3 Whether the contract between the plaintiff and vendors was fraudulent or tainted with illegality

Ratio Decidendi

The defendants are bona fide prosecuting their claim against the plaintiff in the plenary proceedings, alleging fraud, illegality, and notice; issues of fact remain and the claim is not bound to fail, so the lis pendens cannot be vacated at this juncture.

Court Disposition

Application refused; lis pendens not vacated.

Orders

  • Proceedings linked to plenary proceedings; application adjourned to hearing of plenary proceedings.