The High Court has ordered Joe Mahon to pay BWG Foods €355,573.48 under a personal guarantee connected with debts owed by J.A.J. Supermarkets Ltd.
Mr Justice Barr delivered judgment on 8 December 2025 after BWG sought summary judgment rather than a full trial.
The case arose from a guarantee signed by Mahon on 7 May 2012. It covered debts incurred by J.A.J. Supermarkets for goods and materials supplied for its Spar business. BWG said €355,573.48 remained due when the trading account closed in February 2022.
Mahon argued that he had several viable defences. These included a claim that a 2016 Spar Trading Agreement had replaced the earlier guarantee, that BWG had not advised him to obtain independent legal advice, and that substantial payments had not been credited. He also said another company, Kiernan’s Retail South Donegal Ltd, had taken over operation of the shop from December 2021.
The High Court rejected each argument.
Mr Justice Barr held that the 2016 agreement was between BWG and J.A.J. Supermarkets, not Mahon personally, and therefore did not displace his 2012 guarantee. The judge also found there was no common-law duty on BWG to ensure Mahon obtained independent legal advice before signing.
On the disputed amount, the court accepted BWG’s final statement of account as showing that payments totalling about €263,674 had been credited. It also noted that BWG had already obtained judgment against J.A.J. Supermarkets for the full debt in January 2024.
The court found no documentary evidence supporting the claim that another company had taken over the business from December 2021. Bank statements also showed payments by J.A.J. Supermarkets continuing after that date.
Mahon had therefore failed to establish an arguable defence requiring a full hearing. Summary judgment was entered against him for €355,573.48.