Wife raises bona fide defence concerning the extent of her exposure to bank for husband’s property borrowings

Summary judgment – application for summary judgment in the sum of €2,064,883.00 – proceedings against the husband were compromised – continued against the wife – husband stated that he dealt exclusively with the Bank at all times and that his wife was not party to or asked to participate in any meetings relating to the project that took place – stated that is was clearly understood by all parties at all times that his wife’s sole involvement in any and all of the borrowings with the Bank was for the purpose of capturing her interest in certain assets that were to be placed as security against borrowings with the Bank – husband stated that he was forced to sell the properties in a declining market by the bank - assured by Bank that he would be fairly treated in dealing with the shortfall on the loan account balances following the sale - relied upon these assurances - properties were ultimately sold at a fraction of what they are now worth thereby drastically increasing his personal losses which could have been avoided – wife stated that it was understood at all times that her exposure to the Bank would be restricted to her interests in the residential property known as Churchtown Park House and the security of the property purchased with Bank of Ireland funding – relied upon letter from the bank stating guarantee in favour of her husband is limited to your interest in properties at 72 Roebuck Road, Clonskeagh, Dublin 14 and Churchtown Park House, Churchtown Road, Dublin 14 - claimed that she did not meet the bank or have independent legal advice – bank contested the claim that the wife did not receive independent legal advice – claimed that at the time she had no capacity whatsoever to borrow money - disability benefit – argued that she was never a borrower or consumer with the Bank – alleged undue influence against her husband - bona fide credible defence - non est factum - jurisdiction to grant summary judgment was one to be used with great care - there is no evidence of undue influence – letter from bank suggested that her guarantee in favour of her husband is limited to your interest in properties at 72 Roebuck Road, Clonskeagh, Dublin 14 and Churchtown Park House, Churchtown Road, Dublin 14 – proceedings adjourned to plenary hearing.