Lis pendens vacated where there had been unreasonable delay

Application to join applicant’s as third parties for purposes of applying for an order vacating the lites pendentes - pursuant Order 15, Rule 13 RSC - further application to vacate lis pendens - pursuant to Section 123 of the Land and Conveyancing Law Reform Act, 2009 - plaintiff registered lis pendens in January 2017 - on foot proceedings dating to July 2016 - defendants advanced loan facilities - applicant’s are designated activity company and its receiver - plaintiff in general indorsement of claim declarations that lands were legally and beneficially owned by him - and prohibiting the sale of those lands - application oppossed by plaintiff and defendants - consideration s.123 and Order 15 Rule 13 - applicant’s argue that the registered security can not be enforced without proof of the debt having transferred - as it can not be enforced, the applicants are not affected by lis pendens - court finds applicants entitled under terms of mortgage to sell properties - court does not accept plaintiff and defendants position that the applicants have failed to establish that they are the affected mortgagee - court finds both applicants affected by lis pendens - court concludes there has been unreasonable delay by plaintiff - further that action not being prosecuted bone fide - court notes plaintiff and defendants are misconceived as to purpose of lis pendens.