Appeal against summary judgment allowed where arguable defences are established

Appeal from decision granting summary judgment arising from a guarantee for €300,000 and a loan in the sum of €350,000 entered into by deceased father to cover the debts of his son and daughter in law – whether there was an arguable defence – background facts – High Court judgment – appeal – legal principles – the guarantee – did not know of further loan - deceased was of the view that liability on foot of the guarantee would arise only if the conditions precedent in the February 2010 loan offer were satisfied – whether a failure by borrowers to comply with conditions precedent would ever be sufficient to discharge a guarantor from liability - at least arguable that a failure by borrowers to comply with conditions precedent, where the lender nonetheless proceeds to allow the drawdown of a loan, could be sufficient to discharge a guarantor from liability - Loan facilities and creditworthiness of borrowers; are there obligations to potential guarantors - may be certain situations where creditors must disclose certain matters to the guarantor - disclosure of a change in conditions precedent which were known to the guarantor - can only be properly resolved at a plenary hearing – whether the appellant made out an arguable defence that in these circumstances there was a duty on the Bank to disclose the removal of the conditions precedent prior to the guarantee being entered into - at least arguable that such a post-guarantee protective clause is irrelevant to this issue which turns on varying the terms affecting the view of the creditworthiness of the main borrower prior to the guarantee being entered into – loan agreement - appellant must pay over the sum of €162, 663.85 that was drawn down in respect of this loan –