Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Summary judgment should not have been granted where there was reasonable probability of a bona fide defence
|
or click here to request site subscription to search and view all judgments |
Court of Appeal allows appeal of summary judgment granted in the High Court in respect of claim for monies owed for building supplies, finding that the defendant had demonstrated a fair or reasonable probability of having a bona fide defence on the grounds that the alleged liability was in fact that of the defendant’s company rather than his own personal liability.
Commercial law – company law – appeal against summary judgment to the plaintiff in the sum of €68,595.78 – building supplies allegedly provided to the defendant – debt recovery – whether indemnity given to the plaintiff in respect of that company’s debts or liabilities – whether agreement was altered when defendant formed a limited liability company and commenced trading – whether there was a bona fide defence on the grounds that the liability was in fact that of his company rather than his own personal liability – true relationship between the parties may well be advanced, clarified or resolved by discovery process.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
