Defendant has no real or bona fide defence to claim for judgment

Plaintiff seeks summary judgment against the defendant in the sum of €100,000, together with interest and costs - summary summons proceedings - plaintiff claims that defendant agreed to transfer bus route license held by company in which he has a beneficial interest to a joint venture named "Flybus" - in consideration, plaintiff subscribed and paid for €100,000 redeemable shares in Flybus - plaintiff says that in breach of the agreement no attempt was made to transfer the license by defendant - claims €100,000 due from the defendant - test for summary judgment - fair or reasonable probability of the defendants having a real or bona fide defence - whether defence is credible - defendant raises a number of technical defences; (i) plaintiff not party to agreement; (ii) defendant says payment of money was condition precedent; (iii) no prior demand by plaintiff; (iv) past consideration not consideration; (v) no actionable loss; (vi) summary summons procedure not appropriate as claim should be one for damages - proper reading of text reveals plaintiff is party to agreement - mere assertion of defence - court finds that payment was in fact a condition subsequent to the discharge of his obligation - claim is restitutionary in nature, not a claim for damages for breach of contract - debt due prior to issue of summons - payment of money for shares took place after agreement entered into - no past consideration - defences as to form are misconceived - no bona fide defence demonstrated - plaintiff entitled to summary judgment.