Courts / Dublin / Report

High Court removes legal notice over Dublin Hotel

Date
2017-04-04
Stage
Appeal
Primary locality
Dublin City
County
Dublin

Summary

In a High Court appeal, Mr Justice Paul Gilligan removed a lis pendens registered by Theresa Andreucetti, which was impeding the sale of Lynam's Hotel on Upper O'Connell Street. Nama appointed receiver Aiden Murphy sought the removal, arguing the notice, registered last September, was an attempt to frustrate an agreed contract for sale. Andreucetti, of Castleknock Road Dublin, had previously operated the hotel under a 15-year lease and sought injunctions to prevent possession, which were settled with a deadline to vacate by August 1st last year. Her counsel, Robert Beatty SC, argued the notice should remain pending the full dispute, where she claims her lease termination is invalid and seeks restoration to the premises. The judge was satisfied to vacate the lis pendens, noting Andreucetti had not progressed her claim with expedition and was aware of the receiver's intent to sell. The court established a timetable for document exchange to facilitate a prompt full hearing. The judge adjourned the matter to a date early next month. Following the ruling, Beatty requested a stay pending an appeal. The judge granted a stay only until lunchtime on Wednesday, allowing Andreucetti's lawyers time to apply to the Court of Appeal for a stay pending the outcome of her appeal against the lifting of the lis pendens.

Who, what, where, when and why

What: Report matter: High Court removes legal notice over Dublin Hotel. Procedural stage: appeal

When:

Case subjects

Castleknock Road Dublin

Applicant

Outcome: The judge adjourned the matter to a date early next month.

Places mentioned

Court Venue
  • The High Court
  • High Court
  • Court of Appeal
Secondary Mention
Address Area
  • Upper O'Connell Street
Residence

Topics

Stage Appeal

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