By: Mark Tottenham BL
, on January 13th, 2012
Irish Bank Resolution Corporation Ltd v. Quinn  IEHC 470 (High Court, Kelly J, 16 December 2011)
High Court grants summary judgment in the sum of €3 million against second defendant, being wife of first defendant.
Summary judgment - commercial court - loan of €3m - application for judgment against second defendant, being wife of first defendant - loan agreement signed by second defendant in five places - acknowledgement that borrower had been advised to take independent legal advice - test for summary judgment - whether it was very clear that defendant had no case - conflict of evidence on affidavit - evidence of borrower taken at face value, at high watermark - defence of "non est factum" - whether any difference between what party signed and what he thought he was signing - mistake as to general character of document - taking of all reasonable precautions - no recollection of signing documents - defence of undue influence - whether presumption of undue influence between husband and wife - married women no longer treated as not responsible for their acts - alleged failure of consideration - monies borrowed jointly with husband - whether wife benefited from monies.
Full Text on Court Services Website
Key Cases Cited
Danske Bank v. Durkan New Homes  IESC 22
Aer Rianta v Ryanair  4 I.R. 607
Re Hunting Lodges Limited  ILRM 85
Tedcastle McCormick and Company Limited v. McCrystal (15th March, 1999)
Saunders v Anglia Building Society  AC 1004
Allied Irish Banks Plc v. Higgins &, Ors.  IEHC 219