The Governor and Company of Bank of Ireland v Timmons

• Jurisdiction: Ireland
• Judge: Mr. Justice Meenan
• Judgment Date: 20 May 2019
• Neutral Citation: [2019] IEHC 420
• Docket Number: [2015 No. 2051 S]
• Court: High Court
• Date: 20 May 2019

[2019] IEHC 420

THE HIGH COURT

Meenan J.

[2015 No. 2051 S]

BETWEEN

THE GOVERNOR AND COMPANY OF BANK OF IRELAND

PLAINTIFF

AND

PATRICK TIMMONS

DEFENDANT

Summary judgment – Loan accounts – Arguable defence – Plaintiff seeking summary judgment – Whether the defendant had raised an arguable defence such that the plaintiff’s application for final judgment ought to be remitted to plenary hearing

Facts: The plaintiff, the Governor and Company of the Bank of Ireland, sought liberty to enter final judgment in the sum of £194,905.52 or the euro equivalent thereof. The plaintiff maintained that those monies were due and owing as being monies advanced to the defendant, Mr Timmons, on foot of two loan accounts being account numbers 300731192 and 3007338474. The defendant maintained that he had raised an arguable defence such that the plaintiff’s application for final judgment ought to be remitted to plenary hearing. In his first affidavit the defendant raised a number of technical issues and, in particular, stated that the accounts which he had with the bank were cleared in full and thus there was no money due and owing. In a further affidavit, the defendant maintained that he did not have information concerning the two loan accounts.

Held by the High Court (Meenan J) that, having applied Aer Rianta v Ryanair Limited [2001] 4 IR 607, it was clear that the affidavits of the defendant did not disclose any bona fide defence to the plaintiff’s claim. Meenan J held that the various issues which the defendant had raised concerning the background to the loans were fully answered in the documentation exhibited in the affidavits of Ms Fitzpatrick, filed on behalf of the plaintiff in support of the application for summary judgment. Meenan J held that it was clear that monies were advanced by the plaintiff to the defendant and that those monies were not repaid.

Meenan J held that he would grant summary judgment to the plaintiff and hear counsel as to the precise amount.

Judgment granted.

JUDGMENT of Mr. Justice Meenan delivered on the 20th day of May, 2019

Introduction

1 In these proceedings the plaintiff is seeking liberty to enter final judgment in the sum of £194,905.52 or the euro equivalent thereof. The plaintiff maintains that these monies are due and owing as being monies advanced to the defendant on foot of two loan accounts being account numbers 300731192 and 3007338474.

2 The defendant was not initially legally represented and drafted and filed his own affidavits. He was, however, legally represented at the hearing of...