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Court of Appeal dismisses appeal from High Court, and affirms grant of summary judgment in the sum of €1.36 million on foot of a guarantee, where the guarantor alleged that he had the benefit of an oral assurance that the guarantee would not be relied upon against him, on the grounds that: (a) the evidence of the alleged assurance was so scant that it failed to meet the low level required for remittal to plenary hearing; and (b) it therefore was not necessary to determine the circumstances in which parol evidence might be admissible to prove the existence of a collateral contract.
Ní Raifeartaigh J (nem diss): Summary judgment - sum of €1.36 million - appeal - guarantee executed in 2005 - sums due to bank by limited company - demand for payment in 2013 - appointment of receiver - proceedings commenced in 2015 on foot of guarantee - alleged verbal assurance from bank that guarantees would not be enforced against defendants - guarantor in vulnerable person by reason of mental health difficulties - whether guarantee could have been induced by a conversation that happened after the guarantee was executed - alleged agreement concerning sale of asset - whether agreement gave rise to a counterclaim or 'cross-claim' - parol evidence rule - relationship between the parol evidence rule and collateral contracts - whether parol evidence, on its own, might be sufficient to establish a collateral contract.
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