Courts / Dublin / Report
Judge dismisses bank's bid for €2.6m summary judgement against couple
Summary
In a High Court decision on 14 June 2018, Mr Justice Donald Binchy dismissed AIB's application for summary judgment of over €2.6 million against Kevin and Gillian O'Brien of Blackrock, Dublin. The judge found that the couple had raised an arguable defence, so the matter must proceed to a full hearing. AIB claimed it had advanced money to the O'Briens, which the court said was used for a €2.5 million property purchase adjacent to their former home. The bank alleged the couple breached loan terms in 2010, though some payments had been made. The O'Briens argued the 2006 and 2008 advances were not drawn in 2010, rendering the 2010 loan agreements void due to lack of consideration. They also claimed AIB failed to honour an oral agreement for additional funds and did not comply with mortgage arrears conduct code.
Who, what, where, when and why
What: Report matter: Judge dismisses bank's bid for €2.6m summary judgement against couple. Procedural stage: hearing_or_decision
When:
- 2018-06-14 Publication
Why: The property was acquired because, unlike their former home, it was suitable for an extension. CNI source report
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