Ireland High Court finds elderly widow defrauded of family home by daughter in 2003
Mr Justice Brian Cregan found at the High Court that Marie Gibson, an elderly widow in her 80s, was defrauded out of her family home at Castletymon Green, Coolock, Dublin 5, by her daughter Pauline Gibson in 2003, and that solicitor Kevin O'Gorman was negligent in the transaction. The judge set aside the transfer and adjourned the case for quantification of damages.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court14 Dec
2 reports - Verdict
- Sentenced
Key facts
consolidated from all reports31 statements extracted from the articles
- whatThe house was worth €250,000 in 2003. (rte.ie, irishtimes.com)
- whatMarie Gibson and her husband did not receive any money from the transfer. (rte.ie, irishtimes.com)
- whatPauline borrowed €190,000 from First Active by way of mortgage on the property in 2003. (rte.ie)
- whatKevin O'Gorman acted as solicitor for both parties to the transaction. (rte.ie)
- whatThe judge found O'Gorman conducted the transaction in a grossly negligent fashion. (rte.ie)
- whatMarie and her husband were never made aware they were transferring their home in its entirety to their daughter for no consideration. (rte.ie)
- whatThe 2003 transfer was never stamped or registered by O'Gorman. (rte.ie)
- whatPauline Gibson forged their signatures on the 2009/10 documents, resulting in the property being registered in her name. (rte.ie)
- whatPauline had defaulted on the 2003 bank loan. (rte.ie)
- whatThe loan had been acquired from EBS by Promontoria Oyster DAC, which appointed a receiver over the property. (rte.ie)
- whatMarie Gibson's solicitors Gaffney Halligan instructed Hugh O'Flaherty Bl in the proceedings. (rte.ie)
- whatThe proceedings were brought against O'Gorman, Pauline Gibson, and receiver Paul McCleary. (rte.ie)
- whatPauline Gibson was sued for fraud, deceit and unjust enrichment but did not take part in the proceedings. (rte.ie)
- whatThe house was Marie Gibson's only asset and she intended to leave it in equal parts to her five children. (rte.ie)
- whatMarie Gibson is an elderly widow in her 80s. (irishtimes.com)
- whatPauline Gibson borrowed €190,000 from First Active by way of mortgage on the property in 2003. (irishtimes.com)
- whatThe property was originally acquired from Dublin City Council in 1977. (irishtimes.com)
- whatThe 2003 bank loan had been acquired from EBS by Promontoria Oyster DAC. (irishtimes.com)
- whatPauline Gibson defaulted on the 2003 bank loan. (irishtimes.com)
- whatMarie Gibson intended to leave the house in equal parts to her five children in her will. (irishtimes.com)
- whatMrs Gibson made a new will disinheriting Pauline. (irishtimes.com)
- whatMarie Gibson has resided at the property since the late 1960s. (irishtimes.com)
- whereThe family home is at Castletymon Green, Coolock, Dublin 5. (rte.ie)
- whenThe fraudulent transfer of the property occurred in 2003. (rte.ie)
- whenThe fraud was not discovered until 2017. (rte.ie)
- whenO'Gorman sought to re-execute the transfer in 2009/10. (rte.ie)
- whenThe fraud came to light when Mr Gibson died in 2017. (rte.ie)
- whenThe Gibsons acquired the property from Dublin City Council in 1977. (rte.ie)
- whenMarie Gibson's husband John Gibson died in 2017. (irishtimes.com)
- courtThe judge adjourned the matter to a date in January for quantification of damages. (irishtimes.com)
- courtPauline Gibson did not take part in the proceedings. (irishtimes.com)
The reporting
newest first- 14 Dec2022Elderly widow was defrauded out of family home by daughter, court finds
High Court judgment finding fraud and undue influence in a 2003 property transfer and professional negligence by the solicitor; case adjourned to January for quantification of damages.
victim, Marie Gibson, 80s, female, irish (judged from name)Marie Gibsonvictim, John Gibson, male, irish (judged from name)John Gibsonaccused, Pauline Gibson, female, named, irish (judged from name)Pauline Gibsonaccused, Kevin O'Gorman, male, named, irish (judged from name)Kevin O'Gorman - 14 Dec2022Court finds widow defrauded out of her home by daughter
Provides full detail of the judgment: the €190,000 mortgage from First Active, the house worth €250,000 in 2003, the forged signatures on 2009/10 re-executed documents, the loan default and appointment of receiver by Promontoria Oyster DAC, the fact the Gibsons acquired the property from Dublin City Council in 1977, Pauline's absence from proceedings, Marie's new will disinheriting Pauline, and the adjournment to January for damages.
victim, Marie Gibson, 80s, female, irish (judged from name)Marie Gibsonvictim, John Gibson, male, irish (judged from name)John Gibsonsuspect, Pauline Gibson, female, named, irish (judged from name)Pauline Gibsonsuspect, Kevin O'Gorman, male, named, irish (judged from name)Kevin O'Gorman