Giles v Brady
| Jurisdiction | Ireland |
| Judgment Date | 21 February 1974 |
| Date | 21 February 1974 |
| Docket Number | [1971. No. 1778 P.] |
| Court | High Court |
Opposition by party who obtained registration - Jurisdiction of High Court - Judgments (Ir.) Act 1844 (7 8 Vict., c. 90), s. 10 - Judgments Registry (Ir.) Act, 1871 (34 35 Vict., c. 72), s. 21.
The defendants agreed to sell certain licensed premises to the plaintiff for an agreed price, and the plaintiff paid a deposit to the defendants. The plaintiff purported to rescind the contract and he issued a summons in the High Court and claimed an order declaring that the contract had been rescinded and directing the defendants to repay the deposit to the plaintiff. The plaintiff registered the action as a lis pendens affecting the interests of the defendants in the premises. Subsequently, the defendants agreed to sell the premises to a third party who refused to complete his purchase until the lis pendens had been vacated. The defendants applied to the High Court for an order directing that the lis pendensbe vacated; the application was opposed by the plaintiff who had not delivered a statement of claim. Held, by Kenny J., in dismissing the application, that the circumstances did...
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