Courts / Dublin / Report
Elderly widow defrauded by daughter has mortgage charge removed, wins €110k in damages
Summary
The High Court ordered the removal of a mortgage charge held by Promontoria Oyster DAC over the home of Marie Gibson at Castletymon Green, Coolock, Dublin 5. Mr Justice Brian Cregan ruled that Pauline Gibson, Marie's daughter, must pay €75,000 in exemplary damages for engaging in an unscrupulous fraud involving the 2003 transfer of the property. The court found that Pauline Gibson forged signatures to defraud her parents and Dublin City Council. Additionally, solicitor Kevin O'Gorman was ordered to pay €5,000 in compensatory damages and €30,000 in aggravated damages for gross negligence, including failing to provide written advice and destroying original documents. The judge stated he is considering referring findings regarding Pauline Gibson to the Director of Public Prosecutions and findings against O'Gorman to the Law Society and Revenue Commissioners. However, the judge indicated he would consider further submissions before making a final decision on those referrals when the matter returns before the court in two weeks time. The court declared the 2003 transfer and the subsequent mortgage charge void, noting that the receiver was not validly appointed. Promontoria Oyster DAC opposed the removal of the charge, arguing undue influence, but the judge rejected this argument. Pauline Gibson did not participate in the proceedings.
Who, what, where, when and why
What: Report matter: Elderly widow defrauded by daughter has mortgage charge removed, wins €110k in damages. Procedural stage: hearing_or_decision
When:
- 2023-06-28 Publication
Case subjects
Applicant
Applicant
Applicant
Applicant
Places mentioned
- The High Court
- Fortfield Road
Topics
Fraud Stage Hearing Or Decision
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