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High Court grants a bank an order for summary judgement in the sum of €119,402, on the grounds that it is satisfied that the defendant is indebted to the plaintiff on foot of a loan in the amount sought, and the defendant has not persuaded the court that he has a real or bona fide defence to the claim.
Plaintiff seeking summary judgement in respect of loan advanced in 2007 – accepted that loan granted – defendant claims bank did not act prudently in extending him the loan and breached a duty of care toward him – reckless lending not a tort and thus no defence – defendant points discrepancy in the amount of interest charged as evidence of dishonesty in the sum sought – simple misunderstanding, correct sum is being claimed – typographical error in Facility Letter of no significance – no weight attached to misrecording of defendant as having no employees – acceptance of irregular payments by the plaintiff does not break the contract – delay which cost him property sales was his own, no obligation on plaintiff to consent at any particular time or at all – life cover and mortgage protection defendant sold was a condition of the sanction of the loan - matter not remitted to plenary hearing – summary judgement granted.
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