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Irrelevant material relied on in defence to summary claim

By: Mark Tottenham BL

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Supreme Court dismisses appeal from High Court, and affirms summary judgment in the sum of €563,242 arising from bank borrowings, on the grounds that the debtors had failed to establish a defence, and had sought to rely on irrelevant material in submissions.

McKechnie J (nem diss): Judgment granted to bank in 2014 - debt in 2012 of €564K - summary summons - appeal from grant of judgment - High Court proceedings - lack of defence - whether mis-spelling of name on proceedings gave rise to a defence - allegation raised on appeal that monies had been advances to company rather than borrower in person - irrelevant material included in submission.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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