A woman ordered by a judge to pay one-sixth of a €3.3 million lottery win to her stepson has told the High Court the total value of her assets is €670,000.
Mary Walsh intends to appeal the order directing her to pay €560,000 to David Walsh and told the court on Monday that her total assets comprise a house, car and life insurance policy, and are worth €670,000, including liquid assets of €6,991.61.
Mr Justice Richard Humphreys made continuing orders on Monday preventing Mrs Walsh reducing her assets below €929,000. That sum is intended to cover the €560,000 award to Mr Walsh and his legal expenses.
Based on evidence given by Mrs Walsh during the hearing and her sworn statement, he was satisfied to confirm the orders, he said.
Noting that more than €2 million was unaccounted for in the sworn statement, the judge said he was satisfied Mrs Walsh had done “a great deal of what a person would do if they wanted to dissipate assets”.
He refused to allow Mrs Walsh make payments out of her assets to cover living, legal and business expenses.
Living expenses
She sought monthly living expenses of €1,050, plus €4,000 monthly to keep her business going. She said the business was loss-making, with total losses of €53,000. She also sought legal expenses to progress her appeal and to cover litigation with a third party.
The judge said it would be “unfair” on Mr Walsh if those payments out were allowed out of the assets and agreed with his lawyers that Mrs Walsh’s old-age pension of €233 a week would cover her living expenses.
The judge ruled earlier this month Mrs Walsh (66), Perssepark, Ballinasloe, must pay the money to Mr Walsh, plus his legal costs, after finding he was a part owner, and entitled to a one-sixth share, of a €3.3 million winning ticket.
Mr Walsh (52), Knocknagreena, Ballinasloe, claimed he was entitled to his share on grounds his signature was among six on the back of the winning ticket.
Mrs Walsh, who was married to David’s late father Peter Walsh, who died in December 2011, denied his claims and maintained the ticket was hers.
Offered home
The judge rejected that and other claims David Walsh was offered and had accepted the home shared by herself and his late father in lieu of €200,000 from the win. Mr Walsh had denied he accepted the Knocknagreena house instead of a share of the win.
When the matter returned before the court on Monday, the judge continued the account-freezing orders and granted an order for discovery of documents to assist in executing the judgment obtained against Mrs Walsh.
Lawyers for David Walsh sought those orders on grounds including concerns Mrs Walsh would dissipate her assets.
Mrs Walsh’s lawyers argued her sworn statement was designed to counter the application for a freezing order and she was not required to provide details at this stage concerning where the lotto money had gone.