KBC Ireland PLC -v- McNamee & anor [2016] IEHC 347 (20 June 2016)

KBC Ireland PLC -v- McNamee & anor [2016] IEHC 347 (20 June 2016)

The defendants' sole defence—that they had not seen the original loan documentation—is not credible when they were offered inspection under statutory right and refused. No credible defence exists; summary judgment must be granted.

Citation
[2016] IEHC 347
Parties
Plaintiff: KBC Bank Ireland PLC; Defendant: Vincent McNamee; Defendant: Marcella McNamee
Jurisdiction
Ireland
Judgment Date
20 June 2016
Procedural Posture
Summary Judgment Application / Judgment
Outcome
summary judgment granted for the plaintiff
Legal Topics
Summary Judgment, Loan Agreements, Mortgage Enforcement
Banking Law Contract Law Summary Judgment Loan Agreements Mortgage Enforcement

Case Brief

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Parties

KBC Bank Ireland PLC

Plaintiff

Vincent McNamee

Defendant

Marcella McNamee

Defendant

Procedural Posture

Summary Judgment Application / Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to summary judgment for the loan amount claimed
  2. 2 Whether the defendants have a credible defence to resist summary judgment

Ratio Decidendi

The defendants' sole defence—that they had not seen the original loan documentation—is not credible when they were offered inspection under statutory right and refused. No credible defence exists; summary judgment must be granted.

Court Disposition

summary judgment granted for the plaintiff

Orders

  • Judgment for the plaintiff in the sum of €1,921,983.45 plus interest of €19,085, total €1,941,068.45