Affidavits could be used as evidence without production of deponents for cross-examination

Plaintiff issued proceedings by way of summary summons dated the 5th June, 2014 - plaintiff is seeking judgment in the sum of €1,241,762.62 in accordance with three facilities provided by the plaintiff to the defendant in March 2006 and twice in July 2006 - on the 9th December, 2014 a notice of motion for liberty to enter final judgment issued against the defendant for the sum of €1,149,808.72 returnable before the Master on the 15th January, 2014 - 17th December, 2015 the proceedings were transferred from the Master’s court to the common law motions list and from there to the nonjury list - in November, 2016 the matter was listed for hearing in the nonjury list but was not reached on that date and was adjourned to the 24th January, 2017 - defendant issued a notice to cross-examine employees who swore affidavits on behalf of the plaintiff in relation to these proceedings - issues have been raised by the defendant in respect of procedural matters in that there is an allegation that an averment required in respect of the defendant having no defence to the claim was not contained in the grounding affidavit of one employee grounding the notice of motion - on the 27th February, 2017 the plaintiff following a notice of change of solicitors issued a notice of motion pursuant to O. 37, r. 2 to grant the plaintiff special leave to use as evidence the affidavits listed in the schedule, without producing the deponents for cross examination - defendant has not raised arguable defence - plaintiff's motion granted.