Sancus [IOM] Ltd v Corbett (Approved) [2024] IEHC 256 (01 May 2024)

Sancus [IOM] Ltd v Corbett (Approved) [2024] IEHC 256 (01 May 2024)

The defendant has established an arguable defence requiring evidence to be heard, and reasonable notice was not given to make time of the essence; summary judgment is refused and leave to defend is granted.

Citation
[2024] IEHC 256
Parties
Plaintiff: Sancus (IOM) Limited; Defendant: Denis Corbett
Jurisdiction
Ireland
Judgment Date
01 May 2024
Procedural Posture
Summary Judgment Application / Judgment on Summary Judgment Application
Outcome
summary judgment application refused; leave to defend granted
Legal Topics
Summary Judgment, Settlement Agreement, Guarantee, Breach of Contract, Right to Defend
Contract Law Civil Procedure Summary Judgment Settlement Agreement Guarantee Breach of Contract Right to Defend

Case Brief

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Parties

Sancus (IOM) Limited

Plaintiff

Denis Corbett

Defendant

Procedural Posture

Summary Judgment Application / Judgment on Summary Judgment Application

Legal Issues

  1. 1 Whether the defendant has an arguable defence to the claim for summary judgment
  2. 2 Whether time was validly made of the essence for the sale of the site under the settlement agreement
  3. 3 Whether reasonable notice was given to the defendant regarding the deadline for sale

Ratio Decidendi

The defendant has established an arguable defence requiring evidence to be heard, and reasonable notice was not given to make time of the essence; summary judgment is refused and leave to defend is granted.

Court Disposition

summary judgment application refused; leave to defend granted

Orders

  • Matter to proceed to plenary hearing
  • Costs of the motion to be treated as costs in the cause