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Court of Appeal dismisses appeal from High Court, and affirms grant of summary judgment in the sum of €1.192 million in favour of a service provider against the operator of nursing homes, on the grounds, inter alia, that: (a) the operator of the nursing homes had failed to address the relevant invoices in any detail on affidavit; (b) the trial judge had given due consideration to the affidavits before him and given detailed reasons for refusing to allow the operator of the nursing home to defend the action; and (c) allegations of fraudulent or corrupt practices were put forward as hearsay on affidavit, and the evidence of the operator of the nursing homes was contradictory in relation to the relevant allegations.
Donnelly J (nem diss): Judgment awarded - €1.192 million - failure of High Court to grant leave to serve defence and counterclaim - whether an arguable defence - sums due for goods and services - service agreement for nursing homes and care facilities - agreement lawfully terminated by operator - claim by services provider for outstanding sums - claim higher than expected - factual assertions not placed on affidavit by defendants - whether invoices proved the debt - whether it was very clear that there was no defence - danger of granting summary judgment - whether every error should automatically lead to a rejection of a right - failure to address invoices in any detail - unequal critiquing of affidavits - reasons given for refusing leave to defend - hearsay - plenary summons issued that mirrored draft counterclaim.
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