High Court allows application for vacation of lis pendens, on the grounds that: (a) the court was satisfied that the action was not being brought bona fide and therefore had jurisdiction to vacate the lis pendens on the application of any person affected by it on notice to the person on whose application it was registered; and (b) although the defendant was seeking an adjournment to examine the papers, he was not a necessary or proper party to the application as it was only the plaintiff, as the person who registered the lis pendens, who had the right to be on notice of the application to vacate.
Application by Collector General of the Revenue Commissioners to vacate lis pendens - proceedings seeking orders preventing defendant from disposing of his interest in certain properties - various lites pendentes registered by plaintiff - subsequently receiver over defendant's assets was successful in having them discharged - receiver also awarded costs against the plaintiff on the basis inter alia that her action was not being prosecuted bona fide - one property misdescribed and lis pendens remained in place for property the subject of this application - court satisfied that action not being brought bona fide - defendant asked for adjournment to consider the papers - defendant not a proper party to Collector General's application - application necessitated by error on part of moving party so costs awarded to plaintiff - costs set off against costs for original motion to discharge such that net outcome is no order for costs arising from the two motions.