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High Court refuses an application by second named defendant to vacate a lis pendens which was registered by the plaintiffs, on the grounds that: the receiver was validly appointed; the court was satisfied the lis pendens was registered validly pursuant to statute; despite the extensive delay between the registration of the lis pendens and the application, that delay was not wholly due to the plaintiff’s actions, and there was responsibility on the defendants to engage meaningfully with the proceedings; in all the circumstances, the delay by the plaintiffs with their motion to compel a defence was not unreasonable as, procedurally, the next step fell upon the defendants.
Receivership - application to vacate a lis pendens which was registered by the plaintiffs - whether receiver was validly appointed - whether lis pendens was registered validly pursuant to statute - extensive delay between the registration of the lis pendens and the application - whether delay was wholly due to the plaintiff’s actions - responsibility on the defendants to engage meaningfully with the proceedings - delay by the plaintiffs with their motion to compel a defence was not unreasonable.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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