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High Court, in proceedings before the Commercial Court seeking summary judgement in the amount of €1.5 million against second-named defendant, who borrowed monies which are now in default, grants an order for summary judgement to the plaintiff (as acquirer of plaintiff's loans from bank by Deed of Transfer), on the grounds that: a 'mere assertion' by the defendant that he previously reached a settlement agreement with his bank is unsupported by any evidence and is in fact countered on affidavit by his co-defendant, such that there is no fair or reasonable probability of him having a real or bona fide defence to the order sought.
Application for summary judgement - joint and several borrowings - commercial court - settlement reached with second-named defendant - summary judgement sum sought against first-named respondent reduced to account for settlement amount - defence based on an alleged prior settlement with bank nothing more than a mere assertion - no fair or reasonable probability of having a real or bona fide defence to proceedings - order for judgement.
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