High Court grants declaration that a payment of €300,000 made by the plaintiff to the defendant was a personal loan and fell to be repaid.
Contract law - payment of money from plaintiff to defendant - whether money was loan to defendant or loan to company or consideration for purchase of shares in company - lack of documentary evidence - intention of the parties - fundamental disagreement as to terms of contract - company operated by defendant - financial difficulties - loan arising from personal distress of defendant because of company's difficulties - involvement of plaintiff in company following loan - whether plaintiff became shadow director of company - s 27(1), Companies Act 1990 - whether original contractual arrangements were subsequently varied - whether plaintiff made demand for repayment - plaintiff described as "partner" or "investor" in company by himself or others with his knowledge - whether subsequent conduct showed unequivocally that parties had waived or varied loan agreement.