A recent decision has reaffirmed that a strict test will be
applied where a defendant seeks to strike out a claim against it on
the basis that no case against the defendant can be
demonstrated.1 The Irish courts have been slow to strike
out a plaintiff's case based on the pleadings and this decision
shows that it is only in exceptional cases that such an application
will prevail.
Background
The plaintiff claimed that it had entered into an agreement with
the defendant that it would advance a sum of up to €3.8
million to the defendant on terms set out in the statement of
claim. As part of the alleged agreement, the plaintiff claimed that
it had advanced €2.2 million to the defendant, "which for
expediency was paid from the bank account of Mr Derek O'Leary
and Ms Linda O'Leary to the account of the defendant". The
plaintiff claimed that the moneys had not been repaid and sought
judgment against the defendant for damages and other reliefs. The
defendant contended
