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Court of Appeal, in an ex tempore judgment, dismisses appeal and upholds a decision of the High Court acceding to an application for summary judgment against the second and third defendants, finding that: no arguable ground of defence had been raised; that there was more than ample evidence which entitled the trial judge to conclude that a letter of sanction of 13th May, 2013 never took effect; and that the previous letter of 21st February, 2011 remained valid.
Noonan J (nem diss): Appeal of a decision to grant summary judgment in favour of the Bank against the second defendant in the sum of €250,000 and the sum of €300,00 against the third defendant - the first defendant died prior to the hearing and no order was made against him or his estate - the appellants owned a printing business that failed - the respondent's claim arose on foot of personal guarantees signed by the appellants in respect of that business - a number of facility letters were issued in favour of the defendants - whether the letter of sanction of 21 February, 2011, on foot of which the claim was made, was superseded by a subsequent facility letter of 13 May, 2013 - if the letter was superseded, the company could not be sued on foot of the earlier defunct facility which would mean the appellants had no liability as guarantors - there was sufficient corroborating evidence that the May 2013 letter never came into effect - trial judge was correct that no arguable ground of defence had been raised - appeal dismissed.
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