Danske Bank A/S Trading as Danke Bank -v- Coleman & anor [2016] IECA 73 (04 March 2016)

Danske Bank A/S Trading as Danke Bank -v- Coleman & anor [2016] IECA 73 (04 March 2016)

The guarantee of 27th July 2011, by its terms, covered the liabilities of Elstonwood under the subsequent loan agreement. The defendant did not deny executing the guarantee or its applicability. The argument that only a post-loan-offer guarantee could secure the loan was hypothetical and unsupported by evidence. The defendant failed to demonstrate a bona fide or credible defence to the Bank's claim.

Citation
[2016] IECA 73
Parties
Plaintiff/respondent: Danske Bank A/S trading as Danske Bank; Defendant/appellant: David Coleman; Defendant/appellant: Dermot Crinion
Jurisdiction
Ireland
Judgment Date
04 March 2016
Procedural Posture
Civil Appeal / Appeal From Summary Judgment in High Court
Outcome
appeal dismissed
Legal Topics
Guarantee Enforcement, Summary Judgment, Loan Agreements, Security for Loans
Banking Law Contract Law Guarantee Enforcement Summary Judgment Loan Agreements Security for Loans

Case Brief

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Parties

Danske Bank A/S trading as Danske Bank

Plaintiff/respondent

David Coleman

Defendant/appellant

Dermot Crinion

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Summary Judgment in High Court

Legal Issues

  1. 1 Whether a guarantee executed prior to a loan agreement can secure liabilities arising from that agreement
  2. 2 Whether the defendant demonstrated an arguable defence to summary judgment

Ratio Decidendi

The guarantee of 27th July 2011, by its terms, covered the liabilities of Elstonwood under the subsequent loan agreement. The defendant did not deny executing the guarantee or its applicability. The argument that only a post-loan-offer guarantee could secure the loan was hypothetical and unsupported by evidence. The defendant failed to demonstrate a bona fide or credible defence to the Bank's claim.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; summary judgment for the Bank in the sum of €367,467.12 stands.