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 |
High Court grants order for summary judgment sought by assignee of bank's rights and interests over loan provided to a company now in default and guaranteed by the defendant individual, on the grounds that the defendant cannot establish that the prior assignment by the bank of its interests regarding the debt facility was other than lawful, and that there are no issues of fact which could be said to raise an arguable defence.
Application for summary judgment - defendant as guarantor and indemnifier of company's debts - no dispute concerning indebtedness and nature of demand - loans secured by guarantee - indebtedness currently at €2million - subsequent assignment of bank's rights, title and interest notified to defendant - receiver appointed by plaintiff over company's property - whether plaintiff has established that it is the successor in title to bank's rights - whether proceedings premature where a possible sale of company's property by receiver likely to raise a sum which will reduce the defendant's liability - legal principles applicable - ample evidence of assignor's signature and written request to so assign by a duly authorised officer - no requirement for assignment to be signed by assignee - doctrine of election - defendant provides no evidence to contest acquisition of bank's rights by plaintiff - no issues of fact which could be said to raise an arguable defence - judgment granted.
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