Dispute Resolution Update: The Benefits Of Bussoleno

Limiting the grounds of defence available to a defendant at the plenary stage

The 2011 ruling of Judge Finlay Geoghegan in Bussoleno Limited v Kelly & Others 1 is increasingly being cited by plaintiffs seeking judgment in the High Court. The decision is being cited as a means of limiting the grounds of defence that a defendant can rely upon if the matter is remitted from summary to plenary hearing. If successful, such a limitation can reduce the time and cost burdens of a plenary trial, particularly at the discovery stage.

A defendant need only show an arguable or stateable defence in order to have a summary claim remitted to plenary hearing. The test as set out by the Supreme Court in Aer Rianta v Ryanair 2 and Danske Bank A/S trading as NIB v Durkan New Homes 3 is designed to

protect the interests of justice and ensure that a defendant is afforded an opportunity to fully advance any genuine defence he may have to a plaintiff's claim at plenary hearing...