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Payment dispute over Italian property purchase is referred to plenary hearing
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High Court refuses an application for summary judgment regarding the sum of €127,400, which represents a disputed payment towards the purchase of a property in Italy, and refers the matter to plenary hearing, on the grounds that credible issues of fact and potential defenses had been raised, including the application of the Statute of Limitations and questions regarding the completion of the contract.
Summary judgment - restitution - property purchase - Italy - contract completion - Statute of Limitations - plenary hearing - specific performance - bona fide defence - credible issues of fact - failure of consideration - payment schedule - familial dispute - contractual obligations - enforceability - Healy v Ulster Bank Ireland Ltd - Pinnel's case - promissory estoppel - counter-claim - set-off - Rules of the Superior Courts (RSC).
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