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High Court, in a bank's claims for summary judgment: (1) in the first set of proceedings, grants judgment against the first defendant but remits to plenary hearing the claim against the second defendant, in circumstances where “a serious risk of injustice would arise” if judgment was granted; and (2) in the second set of proceedings, grants judgment against both defendants where it was clear there was no real or bona fide defence has been established.
Summary Judgement – banking law – whether a fair or reasonable probability of having a real or bona fide defence, or whether what the defendant said is credible - practice and procedure.
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