Summary judgment application remitted for plenary hearing where court could not be satisfied that defendant would have no defence

Murray J (nem diss): Appeal of a decision of the High Court granting the plaintiff summary judgment in the sum of - the defendant purchased 6.5 acres of land with the intention of developing it with two partners - the acquisition was financed by a loan from the plaintiff in the amount of €606,000 for which the purchasers were jointly and severally liable - the amount outstanding on foot of this facility was €657,117.70 on 21 April 2008 - the defendant says that on that date he attended a branch where he was advised that the figure required in order to discharge his liability in full in respect of his one third share of the development was €220,195.56 - the defendant duly paid this figure - the plaintiff issued a Letter of Loan Sanction to the defendant and his two partners on 25 November 2010 offering a facility by way of loan in the sum of €465,000 - this facility letter was signed by the defendant - this loan was not repaid and a proceedings seeking summary judgment in the amount of the sum of €457,047.97 were issued against the defendant - the defendant set out in his first affidavit that he believed that his liability in relation to the development had been discharged in full - the defendant stated that he had signed the second facility letter to assist his partners and that he did so on the strict understanding that no liability applicable thereon attached to him - whether there was consideration - whether the plaintiff had any liability - appeal allowed - matter remitted for plenary hearing.