The High Court ruled that ACC Loan Management Limited was entitled to summary judgment for €671,097.14 against Oliver Kelly and Margaret Kelly, finding that they had advanced no defence to the two loan claims before it. The judgment does not state in the supplied text that a separate formal order was perfected.
Mr Justice Eagar delivered the judgment on 10 July 2017, after an earlier judgment on the defendants’ discovery application on 15 May 2017. The current question was whether the defendants had raised a defence to the bank’s application for final judgment under Order 37, rule 1. The bank was not seeking interest, the court said.
The claim arose from two loan facilities. The first, for up to €300,000, was provided in 2006. A receiver appointed over properties in Wicklow Town sold them, with net proceeds of €191,744.34 applied to the loan. The court also noted a €37,158.22 payment and a 2013 demand for €71,097.44 said to remain due on that facility. The judgment records that Mr Kelly accepted the bank’s account analysis as proper.
The second facility was for €600,000 and was intended to assist with buying a residential investment property in Wicklow Town. The court noted a payment of €72,115.37 in August 2008, a €35,940.46 write-off, and an inter-account transfer of €6,922.14. The judgment says no other payments were made by the defendants on that account.
In their affidavit, the defendants raised issues including property descriptions, other accounts and advances, and allegations that the bank colluded with solicitors to commit fraud. They also claimed that at least €800,000 invested with ACC Bank had disappeared and suggested the bank was responsible. These were the defendants’ stated claims, not findings by the court.
The court concluded that no defence had been advanced in respect of the two matters before it and ruled that the bank was entitled to summary judgment for €671,097.14. The judgment extract does not describe any determination of the defendants’ broader allegations.