The High Court has granted Everyday Finance DAC summary judgment for €1.5 million against Ivor Callely in proceedings over loans originally made by Allied Irish Banks plc (AIB).
Mr Justice Twomey delivered the ex tempore judgment on 12 March 2020. The application arose from joint and several borrowings taken out by Ivor and Jennifer Callely under a letter of sanction dated 22 February 2013. Everyday Finance acquired the loan facilities from AIB under a deed of transfer dated 15 November 2018.
The court heard evidence about the borrowings and reductions following the sale of secured properties. The judgment says Mr Callely did not dispute that evidence and accepted that the money had been lent to him.
At the start of the case, Everyday Finance sought just over €1.6 million. The company also sought summary judgment against Jennifer Callely, otherwise known as Jennifer Foley. The court was told that she had settled with the company and consented to judgment against her for €1.5 million. Everyday Finance then sought the reduced sum of €1.5 million against Mr Callely, giving him the benefit of that settlement.
Mr Callely’s sole stated basis for resisting judgment was his claim that he understood a settlement had previously been reached with AIB. The judge said Mr Callely provided no evidence supporting that assertion. The only sworn evidence on whether a settlement had been reached was Jennifer Callely’s affidavit, which said negotiations had taken place but no settlement was reached, and held Mr Callely responsible for that outcome.
Applying the test discussed in the judgment, Mr Justice Twomey concluded that the settlement allegation, as the only defence advanced, did not show a fair or reasonable probability of a real or bona fide defence. The court therefore granted summary judgment against Mr Callely for €1.5 million. The judgment records the order on that application; it does not set out any further enforcement steps.