Summary judgment claim remitted on limited recourse ground

Court of Appeal – Summary judgment – High Court granted judgment in the sum of €1,500,000 on foot of a guarantee – whether there was an arguable defence – monies provided – guarantee in the sum of €1,500,000 – letter of demand - judgment of the High Court – relevant principles – statute of limitations - , no cause of action against the guarantor accrues until demand is made – terms of the guarantee – improper contracting out of the statute of limitations – arguments not made in the High Court - Limited Recourse Defence – High Court was wrong to take the view that the parol evidence rule operated to render inadmissible the evidence or precluded him from having regard to that evidence - was wrong to take the view that the parol evidence rule operated to render inadmissible the evidence of Mr Cuddy and Mr Comerford or precluded him from having regard to that evidence - real issue in relation to this aspect of the appeal is not one of the admissibility of oral evidence per se but rather that of the weight/credibility of such evidence – question of admissibility cannot, in my view, depend on an assessment of the cogency of that oral evidence and/or the extent (if any) to which it is supported by documentary material - relevant test is not, at this stage, one of “cogent evidence” and/or “written evidence” rather, whether “credible” evidence is before the Court in the particular sense indicated in the authorities - what the Court must ask itself is whether it is “very clear” that there is no defence disclosed on the material before it - not very clear here and accordingly the Court would grant leave to defend on the Limited Recourse issue - a court could find that there was a collateral contract the effect of which was to limit AIB’s recourse to the Oranmore warehouse, thus precluding AIB from any further recovery on foot of the Guarantee - evidence here is more than mere assertion and, exceptionally, is sufficient to warrant leave to defend being given on the Limited Recourse Ground, even in the absence of supporting documentary material – could find that there is defence – remitted to plenary on limited recourse issue.