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High Court grants application to remove each of three lis pendens as registered over three properties in dispute arising from a 2016 agreement for the development of the properties, on the grounds that: (a) the lis pendens had been registered for the improper purpose of causing damage to the defendants and extracting commercial advantage rather than to notify prospective purchasers of a claim; and (b) that, in any event, there were strong grounds for considering that the plaintiffs had not made a statable case for an estate or interest in any of the lands in question.
Application to vacate lis pendens - claim arising from joint venture agreement - property development - purchase of property by defendant on trust for parties to agreement - written agreement - whether pleaded claim accurately reflected terms of written agreement - whether plaintiffs could establish an interest in the relevant properties in the proceedings - whether lis pendens had been issued for an improper motive - s 123, Land and Conveyancing Law Reform Act 2009 - whether action being prosecuted bona fide - whether proceedings made a statutable case for an estate or interest in the lands.
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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