Defendant cannot seek to discharge lis pendens entered by notice party in entirely different proceedings

Plaintiffs are property developers involved in a development in lands - from 2005 onward the proposed notice party developed the site, and says he constructed roads, sewers, a playground and other elements of the development - certain difficulties arose and from 2014 onwards - five sets of High Court proceedings were issued by the notice party against the plaintiffs - in July 2014, the first of five applications by way of lis pendens were issued in the Central Office - defendant was appointed receiver over certain assets of the plaintiffs on various dates between 16th December 2015 and May 2016 - on the 18th November 2016 the present, proceedings were commenced by the plaintiffs against the receiver seeking, inter alia, declarations that the properties could not be sold in the defendant’s capacity as receiver and that the defendant was not validly appointed - in November, 2016 the property at issue was “sale agreed” as between the defendant and the housing authority but no formal contract has been entered into - on 16th December, 2016 the plaintiffs sought an injunction to prevent the sale of the property to that housing authority which was refused by this Court - that refusal was appealed to the Court of Appeal which dismissed the appeal on 24th April, 2017, ex tempore, holding that there was not a serious issue to be tried regarding the appointment of the receiver and that damages would be an adequate remedy - on 18th July, 2017 the present application was brought by the defendant to vacate any lis pendens registered by Mr. Carthy by way of notice of motion - on 26th July, 2017 the Court dismissed the application and this judgment expands on the reasons why - a lis pendens may be registered under s. 121(2) of the Land and Conveyancing Law Reform Act, 2009 and a caution may be entered under s. 97 of the Registration and Title Act, 1964 - discharge of a caution is under the court’s inherent jurisdiction - no claim in the plenary summons to vacate any lis pendens - application refused.