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Evidence of earlier demands for repayment could be adduced in appeal from summary judgment
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Court of Appeal grants leave to two debtors to adduce new evidence in an appeal from a grant of summary judgment, on the grounds that: (a) the new evidence, being earlier demands for repayment, was not available to the debtors by means of discovery prior to summary judgment, and the rules did not provide for a data access request, which was how the letters were obtained; (b) there was an obligation on a lender in seeking summary judgment to disclose all demands for repayment, and not just the one on which it was relying, in order to show whether a defence arose relating to the limitation period.
Costello J (nem diss): Summary judgment in the sum of €3.89 million - balance of €676K remitted to plenary hearing - appeal from decision - application to adduce new evidence - letter of demand - Commercial List - failure of plaintiff company to adduce evidence of debt - whether action statute-barred - discretion as to whether to admit new evidence - whether new evidence would have an important influence on the result of the case - whether documents were in existence at the time of trial and could have been obtained with reasonable diligence - document obtained on foot of data access request after summary judgment.
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