A developer being pursued by Anglo Irish Bank for more than €84m has won the right to have a hearing to defend himself against the claim.
Limerick developer Michael Daly argued that he had easy access to senior figures in the bank, including Sean FitzPatrick and David Drumm, and was actively encouraged to undertake massive property developments.
Mr Daly, who represented himself in court, argued that he was encouraged to enter in to personal guarantees in respect of some of the loans he was given, on the understanding that the guarantees were merely a formality and would not be called in.
Mr Justice Peter Charleton said he was not making any findings in relation to the credibility of Mr Daly's case or that of the bank. But he said that in making a decision that the matter should go to a hearing, he had merely to find that Mr Daly had put forward a defence which could be credible.
Mr Justice Charleton urged the bank to make available to Mr Daly all the documents relating to the loans and relevant meetings of the bank's credit committee so as to avoid a 'nightmarish' contentious application for discovery of documents.
Mr Daly, of 'Dalmin', North Circular Road in Limerick, told the judge he was in the process of applying for legal aid. Mr Justice Charleton told him he may not get it.