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Summary judgment granted where no arguable defence is disclosed

By: James Cross BL

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High Court grants application for summary judgment as against company in the sum of €2,661,194, against two directors, a husband and wife, as guarantors in the sum of €1,082,50 and as against the husband in the sum of €250,000, on the grounds that no arguable defence was disclosed.

Summary summons - bank’s application for summary judgment in the sum of €2,661,194 against the company - summary judgment against directors, a husband and wife, who acted as guarantors seeking the sum of €1,082,50 against both and €250,000 against the husband only – representation – background facts - test on application for summary judgment - no consideration arguments in relation to 2009 and 2010 facilities - contention is fundamentally misconceived - ignores the fact that the company in entering the 2009 facility brought an end to the 2008 facility and its terms – no arguable contention to the effect that the 2009 or 2010 loan facilities are void for want of consideration or are otherwise “illusory and have no legal effect” to deploy the company’s formulation – alleged failure to particularise alleged debt - application to amend indorsement of claim in the two proceedings - continuing failure to particularise - receiver said to be invalidly appointed - alleged breach of duty by the Bank by sale of secured property at undervalue - presentation of Petition to wind up company alleged to be an abuse of process – statute of frauds - no arguable defence has been disclosed.

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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