ACC Bank Plc -v- Mike O'Dwyer Motors Ltd & Ors [2013] IEHC 57 (12 February 2013)

ACC Bank Plc -v- Mike O'Dwyer Motors Ltd & Ors [2013] IEHC 57 (12 February 2013)

The defendants have raised an arguable defence on affidavit evidence and supporting documents, including alleged representations by the plaintiff regarding repayment terms, which go beyond mere assertion and require resolution at a plenary hearing. Summary judgment is therefore refused and the matter is remitted for plenary hearing.

Citation
[2013] IEHC 57
Parties
Plaintiff: ACC Bank Plc.; First Defendant: Mike O'Dwyer Motors Limited; Second Defendant: Michael O'Dwyer; Third Defendant: Caroline O'Dwyer
Jurisdiction
Ireland
Judgment Date
12 February 2013
Procedural Posture
Commercial Summary Judgment Application / Application for Summary Judgment; Decision on Whether to Remit to Plenary Hearing
Outcome
Summary judgment refused; claim remitted to plenary hearing.
Legal Topics
Summary Judgment, Loan Agreements, Guarantees and Indemnities, Estoppel, Negligent Misrepresentation
Banking Law Contract Law Civil Procedure Summary Judgment Loan Agreements Guarantees and Indemnities Estoppel Negligent Misrepresentation

Case Brief

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Parties

ACC Bank Plc.

Plaintiff

Mike O'Dwyer Motors Limited

First Defendant

Michael O'Dwyer

Second Defendant

Caroline O'Dwyer

Third Defendant

Procedural Posture

Commercial Summary Judgment Application / Application for Summary Judgment; Decision on Whether to Remit to Plenary Hearing

Legal Issues

  1. 1 Whether the plaintiff is entitled to summary judgment for the amounts claimed under loan facilities and guarantees
  2. 2 Whether the defendants have raised an arguable defence requiring a plenary hearing

Ratio Decidendi

The defendants have raised an arguable defence on affidavit evidence and supporting documents, including alleged representations by the plaintiff regarding repayment terms, which go beyond mere assertion and require resolution at a plenary hearing. Summary judgment is therefore refused and the matter is remitted for plenary hearing.

Court Disposition

Summary judgment refused; claim remitted to plenary hearing.

Orders

  • Order remitting the claim to plenary hearing.