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Court of Appeal allows appeal and overturns a decision of the High Court granting summary judgment against the first named defendant/appellant in the sum of €521,082.26 together with the costs of the application and a stay on the execution on foot of the judgment for 28 days, and remits the matter to plenary hearing, on the grounds that: (a) the bank failed to satisfy the evidential burden of proof required of it in seeking summary judgment; (b) there was no calculation of interest within the pleadings or in any other document furnished to the appellant; and (c) the bank failed to deal with the evidential gap identified by the appellant.
Pilkington J (nem diss): Summary judgment - banking law - mortgage - appeal of a decision of the High Court granting summary judgment against the first named defendant/appellant in the sum of €521,082.26 together with the costs of the application and a stay on the execution on foot of the judgment for 28 days - whether the trial judge erred in law in concluding that the evidence he placed before her was not sufficient to warrant remittal of the matter to plenary hearing - the appellant claimed that he did not sign the letter of sanction and the signature was a forgery - whether the appellant had a credible defence - appeal allowed - matter remitted for plenary hearing.
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