The master of the High Court had “no function” in resolving a conflict over whether a bank was entitled to summary judgment for €4.1 million against a couple over a loan to refinance the purchase of a farm, Mr Justice Gerard Hogan has ruled.
Edmund Honohan, who makes decisions on certain pre-trial matters, had last year dismissed an application by ACC for summary judgment against Thomas and Mary Heffernan, Kearney Bay, Glenmore, Co Kilkenny, over a loan given to refinance another loan to buy a farm.
ACC appealed to the High Court and Mr Justice Hogan yesterday ruled the master had “no function to resolve a conflict of fact or to make an assessment of the likely strength of the case” of either side.
When the case came before Mr Honohan in July 2012, the bank submitted that as it was a contested matter, it should be transferred to the High Court. The couple’s solicitor argued they had a substantive defence to the bank’s claim and the matter should be struck out.
Mr Honohan granted the couple’s application.
Mr Justice Hogan said yesterday the rules of the superior courts meant the master could only deal summarily with a matter before him in uncontested cases and give liberty for final judgment to be entered.