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Summary judgement application refused where reasonable chance of a bona fide defence is established

By: Evan Kearney BL

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High Court refuses to grant order for summary judgement and adjourns the matter to plenary hearing, on the grounds that: (a) the Plaintiff had failed to properly particularise their case; (b) the Plaintiff failed to establish a prima facie case; (c) the Defendant had established a reasonable chance of a bona fide defence; and (d) the Defendant's case was supported by evidence and not mere assertion.

Summary judgement application - Plaintiff claims debt owed by Defendants by virtue of overdraft facility expiring - Defendants say the overdraft was extended and exhibit a letter stating such - Plaintiff demands sum owed by summary judgement - four criteria for granting a summary judgement - whether Plaintiff's claim sufficiently particularised and pleaded - whether Plaintiff has adduced sufficient evidence to establish prima facie case - whether there is a reasonable possibility of the Defendant having a bona fide defence - whether the Defendant's case is supported by evidence - case adjourned for plenary hearing.

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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