Clones Credit Union Ltd -v- Strain & ors [2018] IEHC 241 (04 May 2018)

Clones Credit Union Ltd -v- Strain & ors [2018] IEHC 241 (04 May 2018)

Defendants failed to disclose any arguable defence; no consideration moved for standstill contract; promissory estoppel does not apply as no detrimental reliance; summary judgment principles require judgment where no credible defence is shown.

Citation
[2018] IEHC 241
Parties
Plaintiff: Clones Credit Union Limited; Defendant: Liam Strain; Defendant: Peter Lynch; Defendant: John Prunty; Defendant: Barry Murphy
Jurisdiction
Ireland
Judgment Date
04 May 2018
Procedural Posture
Summary Judgment Application / Judgment
Outcome
summary judgment granted
Legal Topics
Summary Judgment, Promissory Estoppel, Standstill Agreement, Repayment Structure, Rule in Pinnel's Case
Contract Law Banking Law Summary Judgment Promissory Estoppel Standstill Agreement Repayment Structure Rule in Pinnel's Case

Case Brief

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Parties

Clones Credit Union Limited

Plaintiff

Liam Strain

Defendant

Peter Lynch

Defendant

John Prunty

Defendant

Barry Murphy

Defendant

Procedural Posture

Summary Judgment Application / Judgment

Legal Issues

  1. 1 Whether defendants have an arguable defence to summary judgment for debt owed under credit agreement
  2. 2 Whether a standstill contract or promissory estoppel prevents summary judgment

Ratio Decidendi

Defendants failed to disclose any arguable defence; no consideration moved for standstill contract; promissory estoppel does not apply as no detrimental reliance; summary judgment principles require judgment where no credible defence is shown.

Court Disposition

summary judgment granted

Orders

  • Summary judgment for principal sum and interest under credit agreement in favour of plaintiff.