ADM Londis Plc -v- Arman Retail Ltd [2006] IEHC 309 (12 July 2006)

ADM Londis Plc -v- Arman Retail Ltd [2006] IEHC 309 (12 July 2006)

The only defence established is as to €12,000 of the principal sum. The counterclaim issue raises complex legal and factual questions not suitable for summary determination, but the maximum arguable counterclaim is estimated at 50% of the remaining sum. Judgment is granted for €75,000 against the second and third defendants, with liberty to defend the balance, including by counterclaim.

Citation
[2006] IEHC 309
Parties
Plaintiff: ADM Londis Plc; First Defendant: Arman Retail Ltd; Second Defendant: Azaz Arman; Third Defendant: Mary Arman (nee McEvoy)
Jurisdiction
Ireland
Judgment Date
12 July 2006
Procedural Posture
Summary Judgment Application / Judgment on Application for Summary Judgment
Outcome
Partial summary judgment granted
Legal Topics
Summary Judgment, Guarantee Liability, Counterclaim by Surety, Non Est Factum, Double Recovery, Set Off in Equity
Contract Law Guarantee/surety Law Civil Procedure Summary Judgment Guarantee Liability Counterclaim by Surety Non Est Factum Double Recovery +1 more

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Parties

ADM Londis Plc

Plaintiff

Arman Retail Ltd

First Defendant

Azaz Arman

Second Defendant

Mary Arman (nee McEvoy)

Third Defendant

Procedural Posture

Summary Judgment Application / Judgment on Application for Summary Judgment

Legal Issues

  1. 1 Whether the second and third defendants are liable under guarantees for the debt of the first defendant
  2. 2 Whether the defendants have established any defence to summary judgment, including non est factum, change in plaintiff's legal nature, quantum of liability, existence of a second guarantee, and counterclaim

Ratio Decidendi

The only defence established is as to €12,000 of the principal sum. The counterclaim issue raises complex legal and factual questions not suitable for summary determination, but the maximum arguable counterclaim is estimated at 50% of the remaining sum. Judgment is granted for €75,000 against the second and third defendants, with liberty to defend the balance, including by counterclaim.

Court Disposition

Partial summary judgment granted

Orders

  • Judgment for plaintiff against second and third defendants in the sum of €75,000
  • Second and third defendants granted liberty to defend, including by counterclaim, in respect of the balance