Allied Irish Bank Plc v Cuddy (Approved) [2020] IECA 211_2 (30 July 2020)

Allied Irish Bank Plc v Cuddy (Approved) [2020] IECA 211_2 (30 July 2020)

The combined affidavit evidence of the defendant and his agent, while only just meeting the low threshold, is sufficient to raise an arguable defence on the limited recourse ground, warranting leave to defend and remitting the matter to plenary hearing.

Citation
[2020] IECA 211_2
Parties
Plaintiff/respondent: Allied Irish Bank Plc; Defendant/appellant: Sean Cuddy
Jurisdiction
Ireland
Judgment Date
30 July 2020
Procedural Posture
Civil Appeal / Appeal From Summary Judgment Application
Outcome
appeal allowed
Legal Topics
Summary Judgment, Collateral Contract, Oral Representations, Leave to Defend
Civil Procedure Contract Law Banking Law Summary Judgment Collateral Contract Oral Representations Leave to Defend

Case Brief

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Parties

Allied Irish Bank Plc

Plaintiff/respondent

Sean Cuddy

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Summary Judgment Application

Legal Issues

  1. 1 Whether the defendant has raised an arguable defence sufficient to resist summary judgment and be granted leave to defend based on an alleged collateral contract arising from oral representations.

Ratio Decidendi

The combined affidavit evidence of the defendant and his agent, while only just meeting the low threshold, is sufficient to raise an arguable defence on the limited recourse ground, warranting leave to defend and remitting the matter to plenary hearing.

Court Disposition

appeal allowed

Orders

  • Leave to defend granted to the defendant on the limited recourse ground.
  • Proceedings remitted to plenary hearing.