Ulster Bank Ireland Ltd & Anor -v- Dean & Anor [2012] IEHC 248 (20 June 2012)

Ulster Bank Ireland Ltd & Anor -v- Dean & Anor [2012] IEHC 248 (20 June 2012)

The defendants' affidavits fail to disclose an arguable defence as their claims are inadmissible under the parol evidence rule and unsupported by credible evidence of a collateral agreement; the plaintiff is entitled to summary judgment.

Citation
[2012] IEHC 248
Parties
Plaintiff: Ulster Bank Ireland Limited; Defendant: Anthony Deane; Defendant: Sean Deane
Jurisdiction
Ireland
Judgment Date
20 June 2012
Procedural Posture
Summary Judgment Application / High Court Judgment
Outcome
summary judgment granted for the plaintiff
Legal Topics
Summary Judgment, Parol Evidence Rule, Collateral Contract, Loan Agreements, Guarantees
Banking Law Contract Law Summary Judgment Parol Evidence Rule Collateral Contract Loan Agreements Guarantees

Case Brief

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Parties

Ulster Bank Ireland Limited

Plaintiff

Anthony Deane

Defendant

Sean Deane

Defendant

Procedural Posture

Summary Judgment Application / High Court Judgment

Legal Issues

  1. 1 Whether the defendants have a bona fide defence to the plaintiff's claim for repayment under loan agreements and guarantees
  2. 2 Whether oral or collateral agreements can vary the terms of written loan agreements
  3. 3 Whether the parol evidence rule precludes the defendants' asserted defence

Ratio Decidendi

The defendants' affidavits fail to disclose an arguable defence as their claims are inadmissible under the parol evidence rule and unsupported by credible evidence of a collateral agreement; the plaintiff is entitled to summary judgment.

Court Disposition

summary judgment granted for the plaintiff

Orders

  • Judgment for the plaintiff in the sum of €19,876,130.55 against the defendants.