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High Court sets aside a summary judgment from the Circuit Court which had ordered a married couple to pay €63,655.87 based on personal guarantees they had signed, on the grounds that there was a fair and reasonable probability of a real or bona fide defense, as the defendants contended that the guarantees were signed based on alleged misrepresentations and were void for lack of consideration; and the matter is remitted for a full hearing before the Circuit Court.
Personal Guarantee - summary judgment - bona fide defense - misrepresentation - consideration - Trading/Credit Agreement - Circuit Court - High Court - remit - full hearing - contractual relationship - Spar Supermarket - BWG Foods Limited - Glynnco Limited - credit facilities - Circuit Court Rules (CCR) - parol evidence rule.
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