Woman in lotto dispute with stepson may not reduce assets

A woman at the centre of a dispute with her stepson over a €3.3million lottery win has been ordered not to reduce her assets below €864,000.

The Court of Appeal said the order should remain in place until Mary Walsh’s appeal against a recent High Court ruling requiring her to pay one sixth of the 2011 jackpot win to David Walsh, plus his legal costs, has been decided.

Ms Walsh (66), of Perrsepark, Ballinasloe, has appealed that decision on some 30 grounds and, before the appeal hearing, sought to set aside or stay additional orders made by Mr Justice Richard Humphreys in the High Court.

He previously ruled she should not reduce her assets below €929,000, a sum intended to cover the award in Mr Walsh’s favour. Lawyers for Mr Walsh argued the freezing orders should remain undisturbed.

On Tuesday, the Court of Appeal, comprising Ms Justice Mary Finlay Geoghegan, Mr Justice Michael Peart and Ms Justice Mary Irvine said Ms Walsh’s “arguable” grounds of appeal allowed for an “unconditional stay” on the High Court judgment until the appeal has been determined.

Life insurance

Noting Mr Walsh has registered a judgment mortgage against Ms Walsh’s home valued at some €425,000 and charging orders against life insurance policies belonging to her worth €141,000, it said “no further steps” are to be taken in relation to those assets until the appeal has been determined.

Ms Justice Finlay Geoghegan said the High Court was entitled to making freezing orders preventing Ms Walsh reducing her assets below a certain level but the appeal court would reduce that level from €929,000 to €864,000.

The High Court’s €929,000 figure took into account a sum of €65,000 to cover potential legal costs to process an appeal but it was not entitled to do this, the judge said.

Any payments out of Ms Walsh’s accounts to cover any outlay or legal expenses could be done with agreement of Ms Walsh’s solicitors.

Earlier, Michael Delaney SC, for Ms Walsh, argued it was in the interests of justice to stay the award and lift the freezing orders for reasons including she only has her old age pension to live on.

Total assets

Ms Walsh’s total assets, a house and the life insurance policies, have a value of €670,000, he said. She also had concerns about being able to access funds to process her appeal.

The court heard a barber shop business established by her late husband Peterand run by her was loss-making for some time and had closed last Saturday with the lease surrendered and three employees let go.

Dervla Browne SC, for Mr Walsh, said Ms Walsh had only accounted for more than €950,000 of the €3.3million win and several transactions have not been explained.

Counsel also expressed concern about a five figure transaction Mrs Walsh had permitted to be made on her behalf following the judgment and freezing order.

In his action, Mr Walsh (52), Knocknagreena, Ballinasloe, sued Ms Walsh arguing he was entitled to his share for reasons including his signature was among six that were written on the back of the winning ticket.

Ms Walsh denied that and argued the winning ticket was hers. She also claimed David Walsh was offered and accepted the home of her late husband and herself at Knocknagreena in lieu of €200,000 euro from the win. He denied those claims.