The High Court has granted Allied Irish Banks plc (AIB) summary judgment for €567,540.12, plus costs, against Khawar Wasim (otherwise Wasim Khawar) and Saher Khawar over five mortgage loans. The defendants did not attend the hearing on 31 January 2022, and the court said neither had ever intimated a defence or delivered an affidavit setting one out.
Mr Justice David Holland said AIB had proved the defendants’ indebtedness and service of the relevant documents. The loans, advanced between August 2007 and February 2008, totalled €610,? The judgment lists advances of €4,540, €190,460, €86,000, €190,460 and €139,540; the balance AIB claimed as due on 26 January 2021 was €567,540.12.
The defendants had appeared in person in November 2020. At a hearing on 8 November 2021, the first defendant said he expected proceeds from property sales in Pakistan and the United Arab Emirates and intended to use them to repay the loans. The judge recorded that he did not dispute the debts at that hearing, but clarified that AIB’s assertion that he had acknowledged the indebtedness in full was not strictly correct. The first defendant had indicated an intention to apply sale proceeds to the debt.
AIB’s solicitor later reported that no payments had been received. The first defendant had indicated that net sale proceeds would likely be about €451,000, rather than close to €700,000 as he had earlier told the court. The judgment does not determine whether either property sale was completed or what happened to the proceeds.
After an adjournment to confirm whether payments had been made, AIB’s manager swore that the bank had provided account details for payment and that no payment had been made by either defendant. The matter returned to court on 31 January 2022. The judge said he was satisfied the defendants had been served, including with notice of that hearing.
The court entered judgment for the claimed sum and costs. Entry and execution were stayed for two months from 31 January 2022, and the defendants were given liberty to apply within that period. The judgment gives brief reasons for the order; it does not record any application by the defendants to set it aside or vary it.