High Court grants an order for summary judgment in the sum of €154,183.28 to plaintiff bank in respect of loan monies now in default by defendant business owner, on the grounds that property used as security for loans is clearly not the primary residence of the debtor, and the defendant has failed to establish to the court's satisfaction, through loan documentation or otherwise, that he has a real or bona fide defence to the bank's claim.
Summary summons - application for judgment in respect of loan in default - €154,183.28 - 'home improvement' loan in addition to a separate 'business' loan - buy-to-let property used as security for loan - respondent argues no legal advice given or offered at time of signing documentation - documentation exhibited by applicant shows advices to the respondent to seek legal advice - letter of guarantee - six-month adjournment of application refused by court (Hedigan J.) to compel plaintiff/applicant to enter negotiations - defendant sought disclosure of originating documentation but was also refused by the court (Twomey J.) - legal test to be applied - secured property is not defendant's primary residence - no real issues of fact in relation to particular loan account - no fair or reasonable probability of a real or bona fide defence - judgment granted with costs of application granted to plaintiff.