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Court of Appeal dismisses in part an appeal against an order granting summary judgment to the respondent bank, on the grounds, inter alia, that the judge was correct to use his discretion and refuse to permit cross-examination of the deponents of the affidavits filed on behalf of the respondent; but the appeal was allowed in part as the court substituted the sum of the order to reflect the sum stated in the amended summary summons.
Summary judgment - appellant appealing against summary judgment - whether judge erred in law and in fact in refusing to allow cross examination - judge was correct to exercise his discretion and refuse cross examination - appeal dismissed in part - Court substituted the sum of €7,005,283.47 for the judgment sum provided for in the original order - sum stated in amended summary summons - remaining grounds of appeal rejected - particularisation - no meaningful prejudice - appeal dismissed in part.
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