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No fair or reasonable probability of a real or bona fide defence to judgment claim
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High Court grants a bank an order for summary judgment in the sum of €833,289.60, on the grounds that a bare assertion does not establish a fair or reasonable probability of a real or bona fide defence.
Summary summons - sum of €833,289.60 in respect of a loan account and overdraft account – judgment entered against another defendant – litigant in person – unavailable to trade due to difficulties with Revenue – alleged that other defendant assumed liability for the borrowings - no evidence to support the existence of such an agreement - assertion of a ground of defence is not enough – purported defences – service of summons – statute of limitations – solicitor’s letter not evidence in support of the alleged agreement with AIB - mere assertion and he does not have a fair or reasonable probability of having a real or bona fide defence – judgment entered.
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