M. Kelliher 1998 Ltd v Ashe (Approved)

Ex Tempore Judgment of Mr. Justice Miche�l O'Higgins delivered on 9 th day of May 2025

                  This is an application for summary judgment against the defendant in the sum of �121,550.69 in respect of the defendant's obligations under a personal guarantee given by her to the plaintiff on the 11 th October 2016. In 2014, the plaintiff agreed to provide credit facilities to a company called Postbrook Limited. The defendant is a director of that company.

                  The defendant admits to signing the guarantee and admits that she did not read the document prior to signing it. However, she says there are several important issues of disputed fact which, if decided in her favour, give rise to a stateable defence. She contends that the facts as described in the affidavit of her husband Michael Ashe, and in her own two affidavits, give rise to the defences of non est factum and/or misrepresentation.

                  Arising from the submissions of the parties, it seems to me the four key affidavits for consideration in this motion are as follows:

�          The affidavit of Gerard O'Reilly, branch manager of the plaintiff sworn on the 6 th June 2019.