Summary judgment granted on personal guarantee despite defences over later contract and business transfer

The High Court granted summary judgment against the second defendant, enforcing a 2012 personal guarantee for over €355,000 relating to debts owed by the first defendant for goods supplied to a supermarket business. The second defendant had argued that the guarantee was superseded by a later agreement, that independent legal advice was not provided, that the sums sought were incorrect, and that the liabilities did not relate to the guaranteed business after a change in management. The court rejected all these arguments, finding no evidence that the guarantee was rendered inoperative, no legal requirement for the provision of independent advice, and that all payments had been properly credited. Additionally, the court found insufficient evidence of any effective transfer of the business to another entity and refused to remit the case for plenary hearing.