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High Court, in proceedings relating to an order granting the plaintiff liberty to enter final judgment against the first named defendant, grants an order substituting a financial company for the plaintiff in the proceedings, and refuses the first named defendant’s application seeking to dismiss and/or strike out the Plaintiff’s claim as against the first named defendant, on the grounds that whilst there had been delay in bringing the motion, the delay was not inordinate, and the first named defendant has failed to show that the delay had caused him prejudice.
Two motions arise from the same set of proceedings - order sought substituting Everyday Finance Designated
Activity Company (“Everyday’) as the plaintiff for AIB in the proceedings - first named defendant (“Mr. Delaney”) seeks an order from the court dismissing and/or striking out the plaintiff’s case against him on a number of grounds - proceedings relate to the issuing of a Summary Summons on 8th November 2016 and a subsequent application by the plaintiff for an order granting the plaintiff liberty to enter final judgment against the first named defendant in the sum of €1,603,210.61. - background to proceedings concern a loan facility in the sum of €2,103,730 originally advanced by the plaintiff, Allied Irish Banks plc (“AIB”), to Redrock Quarry Company Limited pursuant to a letter of commercial loan sanction dated 26th May 2008, which terms were accepted in writing on 18th June 2008 - guarantee in this case was signed in writing on 30th November 2007 for an amount that would not exceed €2,000,000 - by a global Deed of Transfer dated 4th October 2022 executed between, inter alia, AIB and Everyday, AIB transferred to Everyday its loan and the underpinning security - delay - whether prejudice to defendant - Supreme Court decision in Primor plc v Stokes Kennedy Crowley [1996] 2 I.R. 459 as interpreted and applied by the Court of Appeal in the judgment of Collins J. in Cave Projects Ltd v Gilhooley & Ors [2022] IECA 245.
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