Courts / Kerry / Report
Court vacates legal notice placed over property by Bill Cullen
Summary
In a High Court hearing, Mr Justice Senan Allen ruled that a 'lites pendentes' notice registered by defendant Bill Cullen over Killegy House in Killarney, Co Kerry, must be vacated. The notice, which formally recorded a dispute over the property's ownership, was challenged by applicants including receivers Kavanagh Farrell, the Glencullen companies, Ulster Bank Ireland DAC, and Seaconview Ltd. These parties disputed Cullen's claim to a 50% interest in the property, alleging the action was not prosecuted bona fide. Cullen opposed the motion, asserting his entitlement to half the proceeds of any sale and rejecting claims that his 2018 action was insincere. He noted that separate proceedings by his partner, Jackie Lavin, had been settled in 2017. The judge vacated the notice on the procedural ground that it was not properly registered under the 2009 Land and Conveyancing Law Reform Act. While the court did not find the claim lacked bona fides, it held that even if Cullen succeeded in his main action for damages, this would not establish the beneficial interest required to maintain the notice. The matter was adjourned and will return before the court in the New Year.
Who, what, where, when and why
What: Report matter: Court vacates legal notice placed over property by Bill Cullen. Procedural stage: hearing_or_decision
When:
- New Year Other
- 2020-12-21 Publication
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