The Governor and Company of the Bank of Ireland v Heaphy and anor [2018] IESC 46 (04 October 2018)

The Governor and Company of the Bank of Ireland v Heaphy and anor [2018] IESC 46 (04 October 2018)

The defendants did not dispute signing the guarantees or the amounts due, and failed to establish any arguable defence or counterclaim based on the regulatory regime or alleged commercial advantage; summary judgment was properly granted.

Citation
[2018] IESC 46
Parties
Plaintiff/respondent: The Governor and Company of the Bank of Ireland; Defendant/appellant: Edmund Heaphy; Defendant/appellant: Regina Heaphy; Defendant/appellant: Oliver O'Sullivan; Defendant/appellant: Mary O'Sullivan
Jurisdiction
Ireland
Judgment Date
04 October 2018
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Summary Judgment, Guarantees, Commercial Advantage, Regulatory Regime, Counterclaim, Set Off
Banking Law Contract Law Summary Judgment Guarantees Commercial Advantage Regulatory Regime Counterclaim Set Off

Case Brief

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Parties

The Governor and Company of the Bank of Ireland

Plaintiff/respondent

Edmund Heaphy

Defendant/appellant

Regina Heaphy

Defendant/appellant

Oliver O'Sullivan

Defendant/appellant

Mary O'Sullivan

Defendant/appellant

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the plaintiff established entitlement to summary judgment under the guarantees
  2. 2 Whether defendants raised an arguable defence or counterclaim based on alleged commercial advantage and regulatory regime

Ratio Decidendi

The defendants did not dispute signing the guarantees or the amounts due, and failed to establish any arguable defence or counterclaim based on the regulatory regime or alleged commercial advantage; summary judgment was properly granted.

Court Disposition

appeal dismissed

Orders

  • summary judgment for plaintiff upheld
  • defendants liable for amounts claimed under guarantees