Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
The High Court granted summary judgment in the sum of €300,000 against the defendant, who personally guaranteed certain company debts to the plaintiff under a capped guarantee. The court found the guarantee was binding and the debt was established, rejecting arguments that the plaintiff had misstated the debt, acted in bad faith, or that the application was affected by delay or procedural irregularity. The defendant's alleged defences were found to be unsupported by evidence and amounted to bare assertions. The court concluded the defendant had no fair or reasonable probability of success at trial and that further proceedings would only cause unnecessary delay and costs.
summary judgment – personal guarantee – guaranteed obligations – indebtedness – liquidated demand – receiver – debenture – event of default – Statute of Limitations – delay – defence threshold – Rules of the Superior Courts (RSC) – legal certainty – bad faith – abuse of process
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.
The only fast reporting service for all Irish judgments over the past ten years. Click here to request a subscription.
Register Now