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High Court refuses application for summary judgment brought by transferee of bank's interest in debts of two defendants, on the grounds that, from the affidavit evidence before it, the court cannot be satisfied that neither defendant has no arguable defence, and therefore a plenary trial of the issues is merited.
Special summons - judgment proceedings - declaratory reliefs sought acknowledging equitable interest in property on foot of facility letter and solicitors' undertakings - special summons procedure - whether matter should be remitted to plenary hearing - factual submissions from affidavits filed - balance due and owing pursuant to facility letter - undisputed facts - issues between parties - assertion of having repaid all debts without exhibiting documentation - absence of challenge to terms of facility letter and date of letter of demand - oral evidence will be required at plenary hearing if delay is pursued as a defence against plaintiff's claims - lien by deposit - facility letter and undertakings - equitable mortgage - exercise of summary judgement powers with 'discernible caution' - authority of solicitor (long since retired) to give undertakings is a complicating factor - not satisfied that defendants do not have arguable defences - application for summary relief refused.
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