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Issue of whether letter of demand was issued requires plenary hearing
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Court of Appeal, in an ex tempore judgment allows appeal and overturns a decision of the High Court granting an order of summary judgment in the sum of €1,502,175.00 in favour of the respondent bank, and directs the matter proceeds to plenary hearing, on the grounds that: (a) the issue of whether a letter of demand was issued in April 2009 could not be determined without recourse to plenary hearing; and (b) it cannot be said that the appellant did not disclose an arguable defence given the issue in relation to the alleged letter of demand in April 2009.
Power J (nem diss): Summary judgment - ex tempore judgment - appeal of a decision to grant summary judgment in favour of the respondent bank in the sum of €1,502,175.00 - the respondent bank sent a letter of demand by registered post to the appellant, following default of repayments on the loan, and an unauthorised overdrawing of the current account on the 7th May 2009 - the bank also sent further letters of demand - the respondent bank issued proceedings on 6 May 2015 - the appellant argued that the claim was statute barred as he received a letter of demand in April 2009 - the trial judge held that if the appellant wanted to rely on an earlier letter, then it was incumbent upon him to exhibit it - whether the trial judge dealt appropriately with the point raised by the appellant regarding the Statute of Limitations - the banks own records indicate that a letter demanding repayment was issued in April 2009 - appeal allowed - Court directs that the matter proceed to plenary hearing.
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