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The High Court has refused an application for summary judgment in a case involving a disputed personal guarantee, allowing the matter to proceed to a plenary hearing. The defendant, a company director, argued that she misunderstood the nature of the document she signed, believing it to be a formality to reactivate the company's account rather than a personal guarantee. The court found that the defendant presented a reasonable probability of a bona fide defense, particularly given the conflicting accounts of the circumstances leading up to the signing of the guarantee. The court emphasised the need for evidence to be tested and cross-examined to avoid potential injustice.
summary judgment, personal guarantee, plenary hearing, non est factum (not my deed), misrepresentation, bona fide defense, company director, credit facilities, affidavit, disputed facts, negligence, reasonable precautions, contractual obligations, financial difficulties, trade account, witness testimony, cross-examination.
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