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Supreme Court dismisses appeal from High Court, and affirms order granting a plaintiff liberty to amend a summary summons to include an equitable claim of unjust enrichment, on the grounds that: (a) the facts in the original pleadings gave rise to such a claim (although some additional facts in the statement of claim should be removed), and the defendant did not thereby suffer prejudice; and (b) once a case had been adjourned to plenary hearing, it should proceed as if it had commenced by plenary summons.
Dunne J (nem diss): Liberty to amend summary summons - whether amendments deprived defendants of limitations defence - whether amendments added new cause of action - statement of claim dated 15 December 2009 - dishonoured cheque in 2003 - defendant found not guilty in criminal proceedings by direction - application by bank for liberty to enter final judgment - judgment granted - set aside on appeal - adjourned for plenary hearing - exchange of pleadings - subsequent application in 2011 to amend summary summons - claim for restitution for unjust enrichment - whether bank had abandoned claim in equity by commencing action by way of summary summons - whether unjust enrichment claim statute-barred by time of application to amend pleadings - leave granted by High Court to amend summons - prejudice to defendant - alleged abuse of process.
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