Coulston v Doyle (Approved) [2024] IECA 195 (26 July 2024)

Coulston v Doyle (Approved) [2024] IECA 195 (26 July 2024)

The High Court possesses inherent jurisdiction to vacate a lis pendens beyond the express statutory jurisdiction under s.123 of the Land and Conveyancing Law Reform Act, 2009; Mr. Coulston, as receiver, was a person affected by the lis pendens due to impediments in rent collection and property dealings; his appointment was valid; the appeal fails on all grounds.

Citation
[2024] IECA 195
Parties
Plaintiff/respondent: John Coulston; Defendant/appellant: Patrick Doyle
Jurisdiction
Ireland
Judgment Date
26 July 2024
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Lis Pendens, Receiver's Standing, Inherent Jurisdiction, Abuse of Process
Property Law Civil Procedure Lis Pendens Receiver's Standing Inherent Jurisdiction Abuse of Process

Case Brief

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Parties

John Coulston

Plaintiff/respondent

Patrick Doyle

Defendant/appellant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the High Court has inherent jurisdiction to vacate a lis pendens beyond statutory powers under s.123 of the Land and Conveyancing Law Reform Act, 2009
  2. 2 Whether Mr. Coulston, as receiver, is a 'person affected' by the lis pendens under s.123
  3. 3 Whether Mr. Coulston was validly appointed as receiver over the property

Ratio Decidendi

The High Court possesses inherent jurisdiction to vacate a lis pendens beyond the express statutory jurisdiction under s.123 of the Land and Conveyancing Law Reform Act, 2009; Mr. Coulston, as receiver, was a person affected by the lis pendens due to impediments in rent collection and property dealings; his appointment was valid; the appeal fails on all grounds.

Court Disposition

appeal dismissed

Orders

  • Order vacating the lis pendens
  • Order restraining the appellant from registering any further lis pendens in relation to Folio 21063F, County Carlow