High Court refuses a bank's application for summary judgment on foot of an alleged loan guarantee given by the defendant, and remits the matter to plenary hearing, on the grounds that the defendant had raised an arguable defence to the effect that he was not in the jurisdiction on the date the guarantee was signed.
Plaintiff coming to court to sue on a continuing guarantee and seek summary judgment - guarantee is from 11th August 2011 and signed by the defendant - defendant claims he was not in the jurisdiction on the date the guarantee was signed - defendant did not deny he signed the guarantee but denied that he signed it on that date - defendant raises defence - matter remitted for plenary hearing.