High Court: (a) grants the plaintiff bank an order for summary judgment in a sum of just over €65 million against a husband and wife, on the grounds that the defendants had failed to show that there was a fair or reasonable probability of them having a real or bona fide defence; and (b) refuses application to strike out the summary proceedings on the grounds that they fail to disclose a cause of action and are bound to fail and for want of prosecution, finding that the defendant did not have a fair or reasonable probability of having a bona fide defence, and that here was no delay on the part of the plaintiff.
Summary Judgment - Commercial Court - deed of settlement with National Asset Loan Management DAC - loan facilities transferred to the plaintiff - defendants failed to comply with settlement agreement - letters of demand sent - evidence of plaintiff is admissible even though it was sworn by someone who was not an employee as the deponent was a senior manager in company that serviced the loan on behalf of deponent - any other person who can swear positively to the facts supporting the summary judgment application, may swear an affidavit in support of such a claim - the defendants were in clear breach of the settlement agreement - no entitlement on the part of the defendants to the unredacted Deed of Transfer in circumstances where no reason has been given as to why they are seeking it - defendants failed to show a fair or reasonable probability of them having a real or bona fide defence - no delay on part of the plaintiff - bank entitled to judgement in the sum claimed.