The High Court granted Ulster Bank Ireland Limited judgment for €97,574.73 against Michael Quinn and Bridget Quinn, finding they had not shown an arguable defence to the bank’s claim under a guarantee for a company overdraft.
Mr Justice McDermott delivered the judgment on 15 June 2015. The bank had applied for summary judgment, which can be granted without a full trial where the court is satisfied there is no arguable defence. The defendants appeared without legal representation.
The claim arose from a €100,000 overdraft facility the bank provided to Clough Valley Stores Limited for working capital. The defendants signed the facility acceptance and a guarantee on 28 October 2010. Under its terms, they guaranteed the company’s obligations on demand, subject to a €100,000 limit plus interest. The company went into receivership in January 2011.
The defendants disputed aspects of the bank’s claim, including whether they had received facility documents and demands for payment. The judge found that the documents bore their signatures and that demand letters had been exhibited. He also rejected their assertions of pressure, duress and unconscionable conduct as unsubstantiated, and found no basis for their contention that the bank was not the proper plaintiff.
The defendants sought to cross-examine a bank manager who had sworn affidavits for the bank. The judge declined to adjourn the motion for that purpose, finding the notices given did not justify excluding the affidavits and that cross-examination would not assist in the absence of a relevant conflict of fact. He also refused an adjournment sought to obtain statements from before 1 October 2010, when the account was already overdrawn by €77,800.66. The defendants had acknowledged receiving statements for the period from that date to 14 December 2012.
The judge held that the receiver’s appointment did not affect the defendants’ guarantee obligations. Considering the evidence as a whole, he found the defendants had not demonstrated a fair or reasonable probability of a real defence. He granted judgment for the amount claimed. The judgment does not state any further order.