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The High Court partially granted a financial institution's application for special leave to admit affidavit evidence without cross-examination in a loan repayment case. The court denied special leave for three deponents, determining that the interests of justice required their availability for cross-examination due to material conflicts of fact and potential discrepancies in loan documents. However, the court granted special leave for two other deponents, finding that cross-examination was not necessary for the resolution of the case. The original proceedings involved a claim for repayment of over €3 million, which the defendants contested on various grounds, including the authenticity of documents and the validity of the loan transfer.
special leave, affidavit evidence, cross-examination, loan repayment dispute, summary proceedings, Rules of the Superior Courts (O. 37, r.2), financial institution, loan documentation, material conflict of fact, discrepancies in documents, authenticity, validity of loan transfer, High Court, interests of justice.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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