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High Court, in summary judgment proceedings seeking the sum of €113,778.04: (1) grants amendment to particularise the debt alleged to be owed, on the grounds that the amendment is in the interests of justice and to allow the real issues in controversy to be addressed; and (2) adjourns the proceedings to plenary hearing, on the grounds that it would not be appropriate to allow summary judgment in the present case on foot of pleadings that assert an interest-only loan and make no reference to the restructuring of the loan facility in issue, and that there is a fair or reasonable probability of a defence.
Application to amend Summary Summons - summary judgment – transfer of loan – letter of demand for €113,778.04 – proceedings issued – Master made order remitting the proceedings to plenary hearing – order of the Master set aside – caselaw of the Supreme Court requiring particulars of debt to the pleaded – whether the amendment should be allowed - amendment should be allowed in the interests of justice and to allow the real issues in controversy to be addressed - costs and consequential issues arising from application to amend - appropriate to award the costs of the application to amend to the defendants – whether summary judgment should be granted - test for, and the procedure involved in, applications for summary judgment – whether the case is adequately pleaded and particularized - not appropriate to allow summary judgment in the present case on foot of pleadings that assert an interest-only loan and make no reference to the restructuring of the facility – whether the evidence establishes a prima facie case – whether there is a fair or reasonable probability of a defence – whether the defence is supported by evidence – consolidation – costs of application for summary judgment be costs in the cause –
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