High Court: a) grants the defendant leave to amend his counterclaim to include a plea of misrepresentation; b) refuses leave to join the Minister for Finance and the state to the action, or to assert constitutional rights, on the grounds that such a plea had no prospect of success.
Application for leave to deliver amended defence and counterclaim - claim for €19m - surety - borrowings of two companies, both in receivership - guarantee and indemnity executed under seal in 2005 - restructuring of loans in 2008 - allegation that defendant did not consent to variation of loan agreements - alleged inequality of treatment - O 28, RSC - application to join Minister for Finance, the Attorney General and the state as defendants to counterclaim - whether amendments necessary to determine the real questions in controversy between the parties - whether proposed counterclaim had any prospect of success - discretion of court - evidence that might justify exercise of discretion in favour of allowing amendment - Order 21, rule 10 - whether connection between proposed new parties and the relief sought in the original cause of action.