Change in debtor’s guarantee status was not a defence to €11m summary judgment

Judgment proceedings - whether judgment should be granted or matter sent for plenary hearing - principles to be applied in application - legal test - summary summons - debtor company accepted loan refinancing facility from plaintiff grounded on defendant's personal guarantee - failure to repay following demands - defendant's grounds of resistance - whether defendant never advised of the changing nature of a joint and several liability guarantee she previously granted to the bank over company's indebtedness along with five other co-guarantors - whether a co-guarantor was given preferential treatment without her agreement such that she should be released from guarantee - whether plaintiff has entered into settlement negotiations with defendant's co-guarantors without her involvement - uncontested facts - defendant as company secretary at time of execution of facility letter - defendant provided with facility letter noting sixth guarantor alone provided a separate lesser several guarantee - no evidence of undue influence duress or diminished capacity such that defendant did not freely enter into guarantee - co-guarantors accepted the lesser status of their co-guarantor's guarantee - very clear that no case based upon a duty to disclose established - assertion of settlement negotiations with co-guarantors involving bank is unsupported by evidence on affidavit - no duty of care on bank as a consequence of change from joint and several liability to several liability - assertion of preferential treatment unsupported by affidavit evidence and is contradicted by documentation before Court - summary judgment granted