Danske Bank t/a National Irish Bank -v- Durcan New Homes & ors [2010] IESC 22 (22 April 2010)

Danske Bank t/a National Irish Bank -v- Durcan New Homes & ors [2010] IESC 22 (22 April 2010)

The appellants demonstrated an arguable defence on the construction of the loan agreements and factual issues regarding banking hours. The issues were not simple or clear, and as a matter of justice, the case should proceed to a plenary hearing rather than summary judgment.

Citation
[2010] IESC 22
Parties
Plaintiff/respondent: Danske Bank a/s trading as National Irish Bank; Defendant/appellant: Durkan New Homes; Defendant/appellant: Don Casey; Defendant/appellant: Marian Casey; Defendant/appellant: Tullycross Developments Limited
Jurisdiction
Ireland
Judgment Date
22 April 2010
Procedural Posture
Appeal / Appeal From High Court Summary Judgment to Supreme Court
Outcome
Appeal allowed and matter remitted to High Court for plenary hearing
Legal Topics
Summary Judgment, Loan Agreements, Limited Recourse Provisions, Guarantees, Interpretation of Contracts
Banking Law Contract Law Civil Procedure Summary Judgment Loan Agreements Limited Recourse Provisions Guarantees Interpretation of Contracts

Case Brief

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Parties

Danske Bank a/s trading as National Irish Bank

Plaintiff/respondent

Durkan New Homes

Defendant/appellant

Don Casey

Defendant/appellant

Marian Casey

Defendant/appellant

Tullycross Developments Limited

Defendant/appellant

Procedural Posture

Appeal / Appeal From High Court Summary Judgment to Supreme Court

Legal Issues

  1. 1 Whether the case was appropriate for summary judgment or required a plenary hearing
  2. 2 Interpretation of limited recourse provisions in loan agreements

Ratio Decidendi

The appellants demonstrated an arguable defence on the construction of the loan agreements and factual issues regarding banking hours. The issues were not simple or clear, and as a matter of justice, the case should proceed to a plenary hearing rather than summary judgment.

Court Disposition

Appeal allowed and matter remitted to High Court for plenary hearing

Orders

  • Remit to High Court for plenary hearing