Allied Irish Banks Plc v Stack & Anor (Approved) [2018] IECA 128 (10 May 2018)

Allied Irish Banks Plc v Stack & Anor (Approved) [2018] IECA 128 (10 May 2018)

The defendants failed to establish a bona fide or credible defence to the bank's claim. The absence of a signed acceptance of the loan facility by the company did not preclude enforcement of the guarantees, as other uncontested evidence proved acceptance. Mrs. Stack's forgery allegation was a bald assertion unsupported by evidence and inconsistent with the documentary record. The High Court was correct to grant summary judgment.

Citation
[2018] IECA 128
Parties
Plaintiff/respondent: Allied Irish Banks plc; Defendant/appellant: Patrick Stack; Defendant/appellant: Mary Stack
Jurisdiction
Ireland
Judgment Date
10 May 2018
Procedural Posture
Civil Appeal / Appeal From High Court Summary Judgment
Outcome
appeal dismissed
Legal Topics
Summary Judgment, Personal Guarantees, Loan Facility, Defences to Enforcement of Guarantees, Forgery Allegation
Banking Law Contract Law Civil Procedure Summary Judgment Personal Guarantees Loan Facility Defences to Enforcement of Guarantees Forgery Allegation

Case Brief

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Parties

Allied Irish Banks plc

Plaintiff/respondent

Patrick Stack

Defendant/appellant

Mary Stack

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Summary Judgment

Legal Issues

  1. 1 Whether the defendants established a bona fide and credible defence to the bank's claim on foot of personal guarantees
  2. 2 Whether the absence of a signed acceptance of the loan facility by the company precluded enforcement of the guarantees
  3. 3 Whether Mrs. Stack's assertion of forgery was sufficient to warrant a plenary hearing

Ratio Decidendi

The defendants failed to establish a bona fide or credible defence to the bank's claim. The absence of a signed acceptance of the loan facility by the company did not preclude enforcement of the guarantees, as other uncontested evidence proved acceptance. Mrs. Stack's forgery allegation was a bald assertion unsupported by evidence and inconsistent with the documentary record. The High Court was correct to grant summary judgment.

Court Disposition

appeal dismissed

Orders

  • Summary judgment for €2,253,590.84 in favour of the bank affirmed
  • Defendants to pay costs, to be taxed and ascertained