Kelly & anor v Lynch & ors [2018] IEHC 771 (21 December 2018)

Kelly & anor v Lynch & ors [2018] IEHC 771 (21 December 2018)

The plaintiffs are not entitled to an unpaid vendor's lien over the 50% interest in the lands transferred to the Rogers, as the Top-Up payment relates to the Retained Share, which was never transferred, and the €15 million paid constituted full consideration for the transferred share.

Citation
[2018] IEHC 771
Parties
Plaintiff: Kieran Kelly; Plaintiff: Anthony Mulderry; Defendant: Eamon Rogers; Defendant: Seamus Rogers; Defendant: LGSM Ventures Limited
Jurisdiction
Ireland
Judgment Date
21 December 2018
Procedural Posture
Commercial / Final Judgment
Outcome
Plaintiffs' claim dismissed
Legal Topics
Vendor's Lien, Priority of Encumbrances, Co Ownership, Enforcement of Lien, Construction of Contract
Property Law Equity Contract Law Vendor's Lien Priority of Encumbrances Co Ownership Enforcement of Lien Construction of Contract

Case Brief

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Parties

Kieran Kelly

Plaintiff

Anthony Mulderry

Plaintiff

Eamon Rogers

Defendant

Seamus Rogers

Defendant

LGSM Ventures Limited

Defendant

Procedural Posture

Commercial / Final Judgment

Legal Issues

  1. 1 Whether plaintiffs have an unpaid vendor's lien over the lands transferred to the Rogers
  2. 2 Whether such lien takes priority over LGSM's judgment mortgage
  3. 3 Whether the Top-Up payment constitutes part of the purchase price for the transferred share

Ratio Decidendi

The plaintiffs are not entitled to an unpaid vendor's lien over the 50% interest in the lands transferred to the Rogers, as the Top-Up payment relates to the Retained Share, which was never transferred, and the €15 million paid constituted full consideration for the transferred share.

Court Disposition

Plaintiffs' claim dismissed