Allied Irish Banks PLC v Wasim [Otherwise Wasim Khawar] & Anor

Smart Summary (Beta)

Factual and Procedural Background

This judgment concerns an application by Plaintiff for summary judgment against Defendants for default in repayment of a series of loans. The proceedings were initiated by summary summons issued on 8 September 2020. Defendants appeared by a single memorandum of appearance on 17 November 2020. Plaintiff sought final judgment for €567,540.12, the amount due on five mortgage loans advanced between August 2007 and February 2008. Affidavits of service proved proper notification of proceedings and motions to Defendants. Despite appearances and notifications, Defendants did not dispute the debts but failed to pay or provide a defence. The court granted judgment on 31 January 2022 but stayed execution for two months, allowing Defendants liberty to apply within that period.

Legal Issues Presented

Whether the Plaintiff had established a prima facie claim for summary judgment based on the loan agreements and outstanding balances.
Whether the Defendants had demonstrated a bona fide defence to the Plaintiff's claim.
The appropriateness of granting summary judgment in the absence of any defence or payment by Defendants.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

Precedent	Rule or Principle Cited For	Application by the Court
Bank of Ireland Mortgage Bank v. O'Malley [2019] IESC 84	Requirement that Plaintiff must first show a prima facie claim before considering if Defendant has a bona fide defence.	Court applied this principle to assess Plaintiff's claim and absence of bona fide defence by Defendants.
Harrisrange Limited v Duncan [2003] 4 IR 1	Guidance on the grant or refusal of summary judgment.	Referenced in assessing summary judgment application.
Aer Rianta cpt v Ryanair Ltd [2001] 4 IR 607	Leave to defend should be granted unless it is very clear that the defendant has no defence.	Court considered whether Defendants had any defence and found none.

Court's Reasoning and Analysis

The court examined the Plaintiff's evidence, including affidavits detailing the loan amounts, outstanding balances, and proof of service of relevant documents to Defendants. It noted the Defendants' appearances but absence of any defence or repayment despite opportunities and notifications. The court applied established principles from cited precedents, confirming that the Plaintiff had demonstrated a prima facie claim. Since Defendants failed to present any bona fide defence or make payments, the court found it appropriate to grant summary judgment. The court also considered the Defendants' representations regarding anticipated payments from property sales abroad but found no payments were made, reinforcing the decision.

Holding and Implications

The court's final decision was to grant summary judgment against the Defendants jointly and severally in the sum of €567,540.12 plus costs. Execution of the judgment was stayed for two months to allow Defendants liberty to apply within that period. The decision directly enforces the Plaintiff's claim for repayment of the loans and does not establish any new precedent beyond applying existing summary judgment principles. The Defendants’ failure to defend or pay resulted in judgment being entered against them.

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Allied Irish Banks PLC v Wasim [Otherwise Wasim Khawar] & Anor