Application to vacate lis pendens is adjourned to allow amendment of statement of claim

Second named defendant’s application for an order pursuant to section 123 of the Land and Conveyancing Law Reform Act 2009 (the“2009 Act”) vacating the lis pendens registered by or on behalf of the plaintiff against four identified registered properties - plaintiff borrowed substantial monies (it would appear jointly with her husband) from the first named defendant in 2007 and 2008 - plaintiff issued proceedings seeking damages and various declaratory reliefs including: that she is the registered owner of and holds a beneficial interest in the Properties; that she is entitled to possession of the Properties; that the deed of appointment of the receiver over the Properties is unlawful; and that any
attempted conveyances of the Properties by the defendants are unlawful, null and void - where proceedings were bound to fail, they were not being prosecuted bona fide for the purposes of determining whether the lis pendens should be vacated - current statement of claim does not on its face constitute a claim seeking an estate or interest in land in respect of which a lis pendens can be validly registered - were it to be amended to reflect the reliefs sought in the plenary summons, it would constitute such a claim - a matter for the plaintiff to amend her statement of claim and to set out in detail the grounds of her challenge to the validity of the appointment of the receivers.