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High Court grants application to vacate a lis pendens pursuant to statute, on the grounds that: more than three years have elapsed since the date of the institution of proceedings, with no meaningful steps taken to progress them; there is an obligation on a plaintiff who has registered a lis pendens to prosecute proceedings with expedition; and the delay was unreasonable, and no excuse has been offered to explain or justify the length of the delay.
Application to vacate the registration of a lis pendens – section 123 of the Land and Conveyancing Law Reform Act 2009 – where it is satisfied that there has been an unreasonable delay in prosecuting the action or that the action is not being prosecuted bone fide – application brought by appointed receiver – has there been unreasonable delay in prosecuting the proceedings? – unreasonable delay - order will be made, pursuant to Section 123 of the Land and Conveyancing Law Reform Act 2009, vacating the lis pendens – order granted.
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