Arguable defence raised that claim arising from unpaid loan was statute-barred

By: Mark Tottenham BL

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High Court refuses application for summary judgment, and orders that a claim arising from an unpaid loan be remitted to plenary hearing, on the sole ground that there was an arguable case that the claim was statute-barred, but not on three other grounds which did not meet the necessary threshold, namely: (a) that the evidence from the plaintiff, a successor in title to the original lender, was inadmissible; (b) that there was insufficient proof of the transfer of the loan from the original lender; and (c) that the loan had been advanced on a 'joint venture' or 'non-recourse' basis.

Application for summary judgment - €9.687 million - loan - whether claim statute-barred - whether arguable defence in relation to other issues raised - whether it was 'very clear' that the defendant had no case - 2009 loan facility - demand for repayment - whether representatives of lender were able to provide admissible evidence - proof of transfer of loan from original lender - statute of limitations - whether loan advances as part of 'joint venture' or on a 'non-recourse' basis.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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