Burdens registered on lands pending litigation are vacated for unreasonable delay in prosecution

High Court – section 123 of the Land and Conveyancing Reform Act 2009 – vacating lis pendens that the Plaintiff has registered against a parcel of land – whether the applicant should be joined to the proceedings – mortgage registered as burden on the Folio – applicant has acquired all rights, interest, title and interest in loan facilities and related security – Global Deed of Transfer – receiver appointed over the property – Plaintiff commenced a number of sets of proceedings between the date of the mortgage and the transfer to the Applicant – various lis pendens have been registered – court unaware of the substance of these proceedings – appropriate that Promontoria should be joined to proceedings for the purposes of making applications to vacate the lis pendens in each case – applicant has taken ownership of the charge and interests in the lands under the mortgage pursuant to the Global Deed of Transfer – they are directly affected by the registration of various lis pendens and their continuance on the folio – lis pendins stated to be against interests - no evidence at all given as to what the interest is – application to vacate the lis pendens on the grounds that there has been an unreasonable delay in prosecuting the proceedings or the actions are not being prosecuted bona fide – lis pendens may adversely effect ability to deal with the property - locus standi – unreasonable delay – prosecutions initiated and lis pendens registered approximately 4 and a half years ago - assessing unreasonable delay does not require the same assessment as an application to dismiss for want of prosecution – depends on the context and facts of the case - reason given is the preparation of a detailed forensic report on financial transactions covering a 14 year period – no indication given of when the accountant was engaged – no explanation as to what steps have been taken or efforts made to obtain the information since they were engaged – health difficulties offered as an explanation – no information given as to his current health status – some allowance for his health difficulties and the death of his brother – no steps taken to serve a motion for judgment in default of appearance or seeking to renew the summonses – delay in prosecuting has been unreasonable – prosecuting bona fide – cannot conclude that the plaintiff is not prosecuting the proceedings bona fide – court proceeds on the basis that the court has discretion -order granted vacating the lis pendens.