Sheahan & Anor v Quill & Anor (Approved) [2021] IEHC 428 (24 July 2021)

Sheahan & Anor v Quill & Anor (Approved) [2021] IEHC 428 (24 July 2021)

The plaintiffs were guilty of unreasonable delay in prosecuting the proceedings, as evidenced by their failure to serve the second defendant, lack of progress on discovery, and failure to respond to requests to advance the case, thereby justifying the vacation of the lis pendens under s.123(b)(ii) of the Land and...

Source-derived case information.

Citation
[2021] IEHC 428
Parties
Plaintiff: Pat Sheahan; Plaintiff: Qileen Quill Sheahan; Defendant: Padraig Quill Junior; Defendant: Padraig Quill Senior
Jurisdiction
Ireland
Judgment Date
24 July 2021
Procedural Posture
Application to Vacate Lis Pendens / High Court Judgment on Interlocutory Application
Outcome
Application granted; lis pendens vacated
Legal Topics
Lis Pendens, Unreasonable Delay, Equitable Charge, Land and Conveyancing Law Reform Act 2009
Property Law Civil Procedure Lis Pendens Unreasonable Delay Equitable Charge Land and Conveyancing Law Reform Act 2009

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Parties

Pat Sheahan

Plaintiff

Qileen Quill Sheahan

Plaintiff

Padraig Quill Junior

Defendant

Padraig Quill Senior

Defendant

Procedural Posture

Application to Vacate Lis Pendens / High Court Judgment on Interlocutory Application

Legal Issues

  1. 1 Whether the plaintiffs were guilty of unreasonable delay in prosecuting the proceedings justifying vacation of lis pendens under s.123(b)(ii) of the Land and Conveyancing Law Reform Act 2009
  2. 2 Whether the proceedings were being prosecuted bona fide

Ratio Decidendi

The plaintiffs were guilty of unreasonable delay in prosecuting the proceedings, as evidenced by their failure to serve the second defendant, lack of progress on discovery, and failure to respond to requests to advance the case, thereby justifying the vacation of the lis pendens under s.123(b)(ii) of the Land and Conveyancing Law Reform Act 2009.

Court Disposition

Application granted; lis pendens vacated

Orders

  • The lis pendens registered by the plaintiffs on Folios 29383F, 22306F and 22680F, Co Kerry, are vacated pursuant to s.123(b)(ii) of the Land and Conveyancing Law Reform Act 2009.