Bank granted reliefs sought as borrower had raised no defence to claim

Application for declaration that plaintiff is entitled to and holds a mortgage and charge over lands - application for judgment in sum of €155,841.73 - bank entered into two loan facilities with the defendant, Ms. Hickey, and her then partner, Mr. Declan Porter - defendant and Mr. Porter required to provide security in the form of first legal mortgages over three properties - loan fell into arrears in 2009 - no repayments made since that time and the defendant and Mr. Porter remain indebted to the bank in the sum of €155,841.73 - plaintiff has been unable to secure registration of the mortgage and seeks to rely on the equitable charge which they argue was created in their favour – aruged, inter alia, by defendant that she and Mr. Porter did not have legal advice and she was not advised by the plaintiff or Mr. Porter to get independent legal advice – that because the funds were drawn down to benefit Mr. Porter solely, any money now due and owing is exclusively owed by Mr. Porter - whether defendant has an arguable defence - threshold is low: Aer Rianta v. Ryanair - clear that defendant did have legal representation in the execution of the loan and mortgage documents - loan was for a commercial purpose - a case of joint borrowing by a person describing herself as a company director and confirming that she was acting in the course of her business or trade - defendant has not established the existence or potential existence of any defence to the plaintiff’s claim.