Guarantor of loan has no credible defence to bank’s claim for judgment

Plaintiff’s claim for summary judgment against the second named defendant in the sum of €6,397,301.64 on foot of a guarantee - a guarantee was entered into by the second named defendant in 1998 in respect of the liabilities of the first named defendant to the plaintiff - a loan facility for €6.45m was given to the first named defendant in 2004 - it is claimed that the second named defendant unconditionally guaranteed all monies due in respect of liabilities of the first named defendants to the plaintiff present or future and covenanted that if the first named defendant made default in payment when due, in respect of any of its liabilities to the plaintiff he would make payment on foot of the guarantee in respect of any amount demanded - purpose of the facility was to fund development at a hotel - company defaulted on its obligations and a letter of demand seeking repayment of monies due issued in June 2011 - the second named defendant does not dispute that he signed the guarantee in 1998 but does not believe he was represented in a proper fashion - a receiver was appointed to the first defendant in or around 2011 - financial institution offered a better rate of interest by transferring the loan to another account - receivership continued until October 2014 when it was sold for €815,033 for which the second named defendant was given credit - plaintiff claimed the transfer of a former financial institution to the current plaintiff was void and of no legal effect - this is not an arguable defence - second named defendant sought to cross-examine the employee from the plaintiff - no factual issue in dispute between the parties such as to justify cross-examination - second named defendant could not identify any specific issue of fact relevant to the points of defence which he wished to raise to cross-examine the employee - judgment granted.