Emberton Finance Ltd v Cronin [2018] IEHC 572 (23 October 2018)

Emberton Finance Ltd v Cronin [2018] IEHC 572 (23 October 2018)

Defendant has established an arguable defence of non est factum based on alleged misrepresentation by his accountant regarding the nature of the loan; summary judgment is refused and case sent for plenary hearing on this issue.

Citation
[2018] IEHC 572
Parties
Plaintiff: Emberton Finance Ltd.; Defendant: Maurice Cronin
Jurisdiction
Ireland
Judgment Date
23 October 2018
Procedural Posture
Summary Judgment Application / Judgment on Summary Judgment Motion
Outcome
Summary judgment refused; case sent for plenary hearing on non est factum issue.
Legal Topics
Summary Judgment, Non Est Factum, Consumer Credit Act 1995, Delay and Fair Trial, Misrepresentation
Contract Law Banking Law Consumer Protection Summary Judgment Non Est Factum Consumer Credit Act 1995 Delay and Fair Trial Misrepresentation

Case Brief

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Parties

Emberton Finance Ltd.

Plaintiff

Maurice Cronin

Defendant

Procedural Posture

Summary Judgment Application / Judgment on Summary Judgment Motion

Legal Issues

  1. 1 Whether summary judgment should be granted for repayment of loan
  2. 2 Whether alleged breaches of Consumer Credit Act 1995 render loan unenforceable
  3. 3 Whether defence of non est factum is arguable

Ratio Decidendi

Defendant has established an arguable defence of non est factum based on alleged misrepresentation by his accountant regarding the nature of the loan; summary judgment is refused and case sent for plenary hearing on this issue.

Court Disposition

Summary judgment refused; case sent for plenary hearing on non est factum issue.

Orders

  • Refusal of summary judgment
  • Direction for plenary hearing on non est factum defence