Wife who claimed undue influence had knowledge of financial matters

Plaintiff seeks summary judgment against the defendant in the sum of €1,063,448.12 pursuant to the terms of a facility letter dated 18th January, 2012 - this case is an appeal from an order of the Master of the High Court who gave the plaintiff liberty to enter judgment in the stated amount - parties consented to the setting aside of the order of the Master and the matter proceeded by way of motion for judgment - the test applicable to the exercise by the Court of its jurisdiction to grant summary judgment is well established - the court is entitled to assess the credibility of a defence - defendant and her now deceased husband borrowed monies in 2006 to invest in property in Ireland and abroad - defendant argues that at the time of the 2012 facility she was a consumer within the meaning of s.2 of the Consumer Credit Act 1995 - defendants affidavit was framed to suggest that she gained no benefit from the loans or the investments - she does not deny that she or her family obtained the benefit of the monies borrowed or the proceeds of the investments - defendant has not made out a prima facie case that she was a consumer for the purposes of the 2012 loan because the purpose of that loan was quite clearly to refinance what was itself a commercial loan - defendant is not a stranger to business or unfamiliar with financial transactions - loan of 2006 was undoubtedly for business purposes - defendant signed acknowledgement that she was not a consumer - no presumption of undue influence between husband and wife - defendant has not established a sufficient basis on which she might be permitted to defend - judgment entered in the amount claimed.