Bank failed to demonstrate documents setting out terms and conditions of loan agreement

Application seeking summary judgment – judgment sought in the sum of €216,395.63 plus interest – whether the defendants had a bona fide defence – bank alleges that money was advanced on request – bank alleges that despite demands being made on the defendants, they had failed and neglected to repay the monies demanded, or any monies - terms and conditions – defendant argues that the bank’s  terms and conditions are not exhibited – argued that the bank’s  claim is not properly constituted, or in the alternative is not adequately constituted for the purpose of summary disposition by the court – factors which impacted negatively on the management of the overdraft and account – criminal activities of former employee – unable to get insurance as a result – partnership dissolved – ill health -  valid counterclaim – argued that he was induced to invest by the bank in a loan fund – investment was lost – second defendant denied jointly maintaining account - original mandate cannot be found – test for determining whether case appropriate for summary judgment – mandate before the Court does not mention the Bank account - Court accepts that the current account of 00972035 is overdrawn to the sum of €216,395.63 - Court accepts that the bank has failed to demonstrate the original loan agreement, or any documents setting out the detailed terms and conditions in respect of the loan agreement – action adjourned to plenary hearing.