Promontoria (Aran) Ltd -v- Tiernan [2016] IESC 67 (16 November 2016)

Promontoria (Aran) Ltd -v- Tiernan [2016] IESC 67 (16 November 2016)

It is not very clear that Ms. Tiernan has no defence; her affidavits provide a credible basis for the defence that she acted as agent for a disclosed principal. Summary judgment is inappropriate and the matter should proceed to plenary hearing.

Citation
[2016] IESC 67
Parties
Plaintiff/respondent: Promontoria (Aran) Limited; Defendant/appellant: Paula Tiernan
Jurisdiction
Ireland
Judgment Date
16 November 2016
Procedural Posture
Civil Summary Judgment Appeal / Supreme Court Appeal
Outcome
Appeal allowed
Legal Topics
Summary Judgment, Agency, Liability of Borrower, Defence to Debt Claim
Civil Procedure Contract Law Agency Law Summary Judgment Agency Liability of Borrower Defence to Debt Claim

Case Brief

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Parties

Promontoria (Aran) Limited

Plaintiff/respondent

Paula Tiernan

Defendant/appellant

Procedural Posture

Civil Summary Judgment Appeal / Supreme Court Appeal

Legal Issues

  1. 1 Whether Ms. Tiernan entered into the loan agreement as agent for a disclosed principal (her father) or as principal borrower
  2. 2 Whether summary judgment should be granted or the matter should proceed to plenary hearing

Ratio Decidendi

It is not very clear that Ms. Tiernan has no defence; her affidavits provide a credible basis for the defence that she acted as agent for a disclosed principal. Summary judgment is inappropriate and the matter should proceed to plenary hearing.

Court Disposition

Appeal allowed

Orders

  • Order of High Court granting summary judgment discharged
  • Matter remitted to High Court for plenary hearing