A farmer has failed to get an order from the Commercial Court setting aside a judgment for almost €7 million granted against him in favour of Bank of Scotland (BOS).

Mr Justice Brian McGovern said Eugene McDermott had advanced two “technical” arguments in support of his application to set aside the July 2013 judgment but had not essentially outlined a bona fide defence or engaged with the main issue, that the money was due and owing.

The judge rejected the first ground of challenge based on an admitted incorrect assertion by an employee of HBOS plc, the parent company of BOS plc, of being an employee of BOS plc in the affidavit grounding BOS’ s application for judgment. The judge said he was satisfied the man’s status had been clarified and his affidavit was made with the consent and authority of BOS plc. The second ground, that Mr McDermott was mentally and psychologically unwell when judgment was obtained, was also dismissed.

A father of six, Mr McDermott had said he was suffering from severe depression, panic attacks and suicidal thoughts before and up to July 2013 and was not in a position to defend himself. He argued he had a full defence to judgment on grounds including the status of the HBOS employee.

Judgment was sought arising from loans dating back to 2005 made for purposes including refinancing other loans. When repayment was not made after demands were issued in 2012, the bank appointed a receiver over lands of Mr McDermott at Kennycourt mortgaged to the bank under a 1996 mortgage. They were later sold by the receiver.