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High Court refuses to enter summary judgment against a guarantor, who was a brother of a company director but not connected with the company himself, on the grounds that he had raised an arguable defence that it had been misrepresented to him that the guarantee was limited in its effect and that a 'letter of comfort' from the lending bank gave constructive support to such a misrepresentation.
Application for summary judgment - €203,842 - guarantee - whether a bona fide defence - guarantee executed by brother of one of the company directors - whether guarantor shown the full document he was signing - no connection with company - whether guarantor was consumer with statutory rights - failure to understand the nature and effect of guarantee - alleged letter of comfort - whether guarantee had been "removed" by bank - whether guarantee was limited in its effect.
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