The plaintiff bank brought a motion for summary judgment against the defendant ex-wife, who had signed a personal guarantee for her ex-husband's corporate loan.
The defendant argued the guarantee was invalid due to undue influence and deficient independent legal advice obtained in Jamaica.
The court found no evidence of actual or presumed undue influence, and held that the bank was entitled to rely on the certificate of independent legal advice.
Summary judgment was granted for the debt, but pre-judgment interest was restricted to commence from the date the defendant actually learned of the action, as the original demand letter and statement of claim were never properly served on her.
