The High Court has refused to enter summary judgment in a dispute over €484,166.67 claimed by Denis Brosnan from G. Geoffrey Cramer for repayments Brosnan made on AIB loans. Mr Justice Garrett Simons granted Cramer leave to defend and sent the case to a plenary hearing, where the disputed evidence can be tested orally and through cross-examination.
The claim concerns a series of AIB loans made to Cramer between 2007 and 2018, with Brosnan acting as guarantor. The judgment says the loan proceeds went to Futures Group Inc, a company in which both men had interests, and that Brosnan repaid €425,000 in principal, together with interest. He claims €484,166.67 plus continuing interest; the interest claimed as of 11 June 2021 was €238,201.47.
Cramer’s asserted defence is that Brosnan agreed, or represented, that he would not seek an indemnity from Cramer personally because the loan repayments were to be treated as a debt of Futures Group. He also argued that the claim was statute-barred. Brosnan disputed that account and sought judgment without a full trial.
The judge’s decision was limited to whether Cramer had a credible defence sufficient to proceed to trial. He found that threshold was met, citing the parties’ close family relationship, evidence that the distinction between personal and company debt had been blurred, and Brosnan’s earlier treatment of the AIB repayments as part of the company’s debt to him. The judgment also noted affidavits from three witnesses said to support aspects of Cramer’s account. The judge did not decide whether the alleged agreement or representation was actually made.
The court also allowed Cramer to plead a limitation defence, despite his earlier affidavit stating he would not rely on it. The judge considered that defence arguable and found no reason at this stage to exclude it. He did not determine whether any part of the claim is time-barred.
The proceedings were listed for directions and a discussion of legal costs on 27 March 2023. The parties were asked to try to agree a timetable for exchanging pleadings and documents. The judgment made no final determination of Brosnan’s claim or of Cramer’s defences.