The High Court gave AIB Mortgage Bank judgment for €377,699.15 against Seamus McBrien and Ann McBrien in a dispute over a mortgage loan. It also awarded the bank the costs of its summary judgment application.
Mr Justice Robert Eagar delivered the judgment on 8 December 2017. The application was for summary judgment against Ann McBrien; the court said Seamus McBrien did not oppose the application against himself.
AIB’s evidence was that it offered the couple a €518,000 mortgage loan in August 2007, secured on a residential property at 7 Shrewsbury Court, Ailesbury Road, Ballsbridge, Dublin. The bank said both signed the offer and related documents, including a mortgage application and a letter confirming they understood the implications of not taking out life cover. Its evidence also included records of arrears and a July 2014 demand for €373,134.36, which the bank said was then due.
Ann McBrien disputed that account. In her affidavit, she said she had not signed the mortgage offer, that the signature was not hers, and that she had not signed a mortgage deed or given consent to the mortgage. She argued that the bank had no claim against her.
AIB relied on evidence that her signature appeared on several documents and had been witnessed by her solicitor. The bank also said it had sent her correspondence about the arrears and mortgage balance, but that she had not previously alleged forgery or said she was a stranger to the loan.
The judge reviewed the summary judgment test, which requires the court to consider whether a defendant has a fair or reasonable probability of a real defence. He said the bank’s evidence included signed documents and correspondence addressed to Ann McBrien, while her affidavit did not address those matters or the other documents bearing her signature.
The court concluded that her denial was a mere assertion in the context of the evidence and gave judgment against both defendants for €377,699.15, plus the costs of the application. The judgment does not state that the amount was the same as the €373,134.36 demanded in July 2014.