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High Court grants an order for summary judgment in favor of the plaintiff bank, allowing for the recovery of over 4 million euro in principal sums and interest from the defendant, on the grounds that there was no credible evidence to support the defendant's claims of new agreements altering the original loan terms from 2007; that the cause of action accrued in April 2014 and April 2015, based on part payments made by the defendant, and thus the claim was within the six-year limitation period; and that arguments regarding the security of the loans and beneficial ownership were irrelevant.
Summary judgment - unpaid loans - plenary hearing - cause of action - Statute of Limitations - part payment - beneficial ownership - nemo dat quod non habet (one cannot give what one does not have) - Bankers Books Evidence Act - inordinate delay - Rules of the Superior Courts (RSC) - equitable mortgage - limitation period - public policy - contract debt.
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