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High Court grants a bank an order for summary judgement in the sum of €284,101 (plus interest that may have accrued), on the grounds that, save for the issue of alleged overpaid interest, the defendant has failed to establish any defence as would permit the court to direct a plenary hearing in the action; and the court therefore remits the sum of €16,300 to plenary hearing.
Plaintiff seeks summary judgement of monies lent and not repaid – defendant accepts monies were lent but sets out a number of matters he believes relieves him of his obligation to repay – no infirmity in transfer of monies identified – advice given was not negligent – may have been overpayment of interest – letters of demand are valid – if properties were undervalued by receiver, remedy lies in action against the receiver and not the plaintiff – having mutual debtors is no defence – no unfairness in mortgage deed – alleged breach of prospectus gives rise to no defence - require more than assertion of defence to remit matter to plenary hearing – not satisfied here except in matter of overpayment of interest – summary judgement granted for all monies except the alleged overpaid interest – remitted for plenary hearing in matter of overpayment of interest only.
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