High Court, after hearing two motions brought by a receiver over certain properties owned by the first named defendant but leased to the second named defendant - being a company of which his partner and the mother of his four children was sole shareholder, rules that the receiver is entitled an injunction granting vacant possession of three of the four properties, with the court also vacating a lis pendens on two of the properties.
Plaintiff is the receiver appointed to three properties on 22nd August, 2016 - he seeks vacant possession of the three properties with a view to selling the properties - two motions before the court - first seeks injunctions against the defendants requiring them to surrender vacant possession of the charged properties - in the second motion he seeks the vacation of lites pendentes pursuant to s. 123 of the Land and Law Reform Conveyancing Act 2009, registered against the properties by the mother and partner of the first named defendant - first named defendant is builder and developer who's parents owned certain lands - in 2004 he decided to develop four houses on these lands - a financial institution had a registered charge over the lands from 2005 - by deed of transfer in January 2006 the parents transferred the freehold interest in one house on the lands to the first named defendant for €200,000 - this was never paid - in November 2006 the first named defendant accepted a loan facility in the sum of €1,820,000 from a second financial institution that comprised of two facilities to purchase another property - first named defendant was in a long-term relationship with a woman "M" with whom he had four children now aged between nine and 18 - first named defendant purchased the house from his parents and he, M, and their children moved in their in 2009 and lived there until April 2015 - the first named defendant and M are the directors of the second named defendant - M is the sole shareholder - in March 2011 the first named defendant granted the second named defendant a lease of the parents house - this lease expired in December 2015 and the new lease was granted in April 2016 by the first named defendant to the second named defendant from April 2016 to March 2021 - the second named defendant states that it is entitled to remain in occupation of the demised premises on the basis that the receiver appointed is bound by the tenancy agreement of April 2016 - second financial institutions acquired the interest of the lending financial institution and engaged with the first named defendant - significant arrears had accrued on the first defendants accounts - the first named defendants mother and M brought proceedings resulting in a lites pendentes being registered against the parents house - the first named defendants mother registered a lis pendens on the lands pursuant to s. 123 of the Land and Conveyancing Law Reform Act 2009 on the 10th June, 2016 - M registered a lis pendens against the parents properties in July 2016 - application to vacate lis pendens is brought by the plaintiff pursuant to s. 123 of the Land and Conveyancing Law Reform Act 2009 - M's claim to parents house is not bound to fail - plaintiff is entitled to injunctions as against first named defendant in relation to three secured properties but not in relation to the parents house.