Lis pendens vacated in circumstances of unreasonable delay in progressing proceedings

Receiver seeking to set aside lis pendens as he wishes to exercise the power of sale under the mortgage - Section 123 of the Land and Conveyancing Law Reform Act 2009 - defendant had instituted proceedings seeking 22 reliefs including seeking a declaration that he is the owner of the lands in question - no steps have been taken other than the service of the plenary summons - defendant argued he was immune from court orders - basis for this assertion flowed from separate proceedings not involving the defendant where it is alleged that the Director of Public Prosecutions failed to comply with an order made in those proceedings directing the delivery of a defence - the defendant alleged that the failure to punish the then Director for contempt of court indicates that he was being treated as immune from having to comply with court orders and as a result of this all citizens are immune from having to comply with court orders on the basis of the guarantee of equality under Article 40.1 of the Constitution of Ireland - court considered this argument to be preposterous - despite having been afforded an opportunity to do so by way of affidavit and/or by way of submission to the court, the defendant has failed to offer any reasonable explanation for his delay in prosecuting his proceedings - delay in prosecuting the proceedings is “unreasonable” for the purposes of Section 123 - vacation of lis pendens.