Summary judgment ordered where no arguable defence is established

By: James Cross BL

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High Court grants summary judgment in the sums of €71,974.00 and €54,031.08 on foot of a hire-purchase agreement and business lease agreement against a director of a now dissolved company who guaranteed the liabilities of the company, on the grounds that the director failed to establish that he had any arguable defence.

Application for summary judgment – company seeking €71,974.00 and €54,031.08 – director of dissolved company guaranteed all liabilities of the dissolved company that were incurred pursuant to a hire-purchase agreement and business lease agreement - complains that there are two other co-guarantors who are not being sued - permissible under the guarantee - ‘sleeping director’ - irrelevant to his liability under the guarantee - acknowledges that the agreements carry his signature but then contends that he would not have signed them and even that it is inconceivable that he would have signed them - bound by the documentation that he has signed - storage of leased property – did not seek to join a third party - contests the amount now being sought - statements of account do not contain any manifest error – whether the director has an arguable defence - relevant legal principles.

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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