Court not satisfied that deponent in summary judgment claim can swear positively to the facts

Summary proceedings – application for liberty to enter judgment for the sum of €27,644,377.23 together with further accrued interest - number of transactions that occurred between the defendant and Ulster Bank Ireland Ltd - related to commercial property purchase and development - all the loans were called in by letters of demand dated the 27th August, 2012 from Ulster - called in the guarantees by various demand letters issued between November 2012 and January 2013 - plaintiff acquired Ulster’s rights under the facility letters and guarantees with the defendant by way of a deed of transfer called the Global Assignment Deed which is dated the 12th March, 2015 – defendant argued that the deponent did not have the requisite means of knowledge to swear the affidavit – argued that the plaintiff has not proved its title to the loans and guarantees in issue – argued failed to make out its title – Court satisfied that the documentary evidence does establish the plaintiff’s title to the loans and guarantees in question - whether the Plaintiff’s evidence is admissible – motion for judgment in summary proceedings such as this must be “supported by an affidavit sworn by the plaintiff or by any other person who can swear positively to the facts showing that the plaintiff is entitled to the relief claimed and stating that in the belief of the deponent there is no defence to the action - relevant case law – hearsay - fact that the plaintiff authorises him to swear the affidavit is of no materiality in the context of whether it is hearsay or not - plaintiff has not satisfied the Court that the deponent is a person who can swear positively to the facts – remedied by another affidavit – no denial of factual averments - discuss further with the parties whether they wish to put any further evidence before the court confined to that single issue.