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Liberty to enter final judgment refused where defendants allege that bank sold relevant properties at an undervalue
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High Court refuses application to enter final judgement against the defendants in respect of monies due and owing pursuant to loans for the purchase of property, where the defendant maintains that the relevant property was placed on the market by the plaintiff at an undervalue, the court finding that the defendant may have a defence to the plaintiff’s claim and may be able to improve their position by discovery and/or oral testimony at trial.
Application to enter final judgment against the defendants in the proceedings issued by way of special summons - appropriate test to determine if the court should enter
summary judgment or allow the matter to go to plenary hearing is whether it is very clear that the defendant has no defence - Aer Rianta CPT v. Ryanair Limited [2001] 4 IR 607 and IRBC v. McCaughey [2014] 1 IR 749 and the principles set out by McKechnie J in Harrisrange Limited v. Duncan [2003] 4 IR 1 - summary summons seeks judgement in respect of loans taken out by the late Mr. O’Connor to purchase a number of rental properties - no dispute that the monies are due - dispute which the defendants maintain give rise to a counterclaim relates to the plaintiff’s handling of the sale of one of those properties - defendants maintain that the property was placed on the market by the plaintiff at an undervalue - defendant may have a defence to the plaintiff’s claim and may be able to improve their position by discovery and/or oral testimony at trial.
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