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Issues to be tried in claim for judgment on foot of loan agreement require plenary hearing
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High Court allows appeal from an order of the Master of the High Court striking out summary judgment proceedings, and refers them to a plenary hearing, on the grounds that there are issues to be tried in light of the failure to establish on the balance of probabilities that there has been a default of the loan; the difficulty presenting as regards whether demand was duly made; and the issue as to whether the loan is a limited recourse loan or not.
Summary judgment – appeal from an order of the Master of the High Court striking out proceedings – Order 37 of the Rules of the Superior Courts 1986 – Master has no jurisdiction in contested cases other than to transfer them for determination by a judge – whether there has been any default under the loan arrangement pursuant to which default has allegedly been made – whether the loan is a limited recourse loan – applicable legal principles – matter referred to plenary hearing.
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