The High Court has directed a Co Meath couple to disclose the full value of their assets in proceedings taken against the couple by two insurance companies for the return of €731,000 paid out to meet an allegedly unlawful critical illness claim for cancer.
The court has been told the companies want the money back in the light of information alleging that it had been falsely claimed Ms Gehan Massoud was suffering from breast cancer.
According to sworn evidence from one company executive opened in previous court hearings, an informant had alleged Ms Massoud did not have breast cancer but that her mother did. It was alleged that a sample of tissue of Ms Massoud's mother (who resides in Egypt) was brought to Ireland and may have been submitted for analysis to the Mater Private Hospital.
In an affidavit, a solicitor for the Massouds said he was advised the critical illness claim was made in circumstances where Ms Massoud suffered from breast cancer. He said both defendants strenuously denied the allegations against them.
Earlier this month, Ms Justice Carroll granted orders to Scottish Provident Ltd (SPL) and New Ireland Assurance Co plc restraining Mr Emad Massoud, who is claimed to run a Wellman Clinic at Eccles Street, Dublin, and Ms Gehan Massoud, from reducing their assets in Ireland below €730,996.
SPL has claimed to have paid out €685,658 while New Ireland claims to have paid €45,338.
When the case returned before Ms Justice Carroll yesterday, Mr Paul Coughlan, for the companies, complained that affidavits on behalf of the Massouds relating to their assets did not disclose full details.
In affidavits from Ms Massoud and from a solicitor on behalf of Mr Massoud, there was reference to properties in Co Meath, Dublin and Romania but the value of those properties was not disclosed. There was also reference to a bank account in Egypt, but no reference to the sum in it.
It was also stated in the affidavits that monies from the insurance companies had been used to extensively refurbish the couple's family home at Woodview, Brownstown, Ratoath, Co Meath.
Mr John Peart SC, for the Massouds, said affidavits from the companies concerning his clients had contained "very damaging hearsay". Dealing with the complaints that the affidavits did not set out full disclosure of assets, Mr Peart said gardaí had seized documents and Mr Massoud's computer and his clients did not have access to those documents. Mr Massoud had also been in custody for a time. It would take time to establish other matters regarding the couple's finances.
Ms Justice Carroll directed that a statement of claim be delivered in the case by Friday next and that the Massoud's file affidavits by next Monday outlining the full value of their assets.