ACC Bank Plc -v- Byrne & Anor [2014] IEHC 530 (31 July 2014)

ACC Bank Plc -v- Byrne & Anor [2014] IEHC 530 (31 July 2014)

The plaintiff's evidence does not comply with the mandatory requirements of the Bankers’ Books Evidence Acts 1879-1989; therefore, the bank records are inadmissible and summary judgment cannot be granted on current affidavit evidence.

Source-derived case information.

Citation
[2014] IEHC 530
Parties
Plaintiff: ACC Bank Plc; First Defendant: Micheal Byrne; Second Defendant: Sean O'Toole
Jurisdiction
Ireland
Judgment Date
31 July 2014
Procedural Posture
Summary Judgment Appeal / Appeal From Master's Order
Outcome
Summary judgment refused; further submissions invited.
Legal Topics
Personal Guarantee, Co Surety Release, Bankers’ Books Evidence Acts Compliance, Admissibility of Bank Records
Banking Law Contract Law Evidence Law Personal Guarantee Co Surety Release Bankers’ Books Evidence Acts Compliance Admissibility of Bank Records

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Parties

ACC Bank Plc

Plaintiff

Micheal Byrne

First Defendant

Sean O'Toole

Second Defendant

Procedural Posture

Summary Judgment Appeal / Appeal From Master's Order

Legal Issues

  1. 1 Does release of a co-guarantor discharge remaining sureties under the contract of guarantee?
  2. 2 Has the plaintiff complied with the Bankers’ Books Evidence Acts 1879-1989 for admissibility of bank records?

Ratio Decidendi

The plaintiff's evidence does not comply with the mandatory requirements of the Bankers’ Books Evidence Acts 1879-1989; therefore, the bank records are inadmissible and summary judgment cannot be granted on current affidavit evidence.

Court Disposition

Summary judgment refused; further submissions invited.

Orders

  • Court will hear further submissions and applications, including any application to file supplemental affidavit evidence to address evidentiary deficiencies.