A High Court judge has directed that two judgements given in proceedings where a woman was found to have fraudulently obtained her elderly mother's home be sent the Director of Public Prosecutions (DPP).
The direction was made by Mr Justice Brian Cregan in relation to proceedings where he found that Marie Gibson was the victim of a fraud committed against her by her daughter, Pauline Gibson.
At the High Court on Wednesday, Hugh O'Flaherty Bl, instructed by Gaffney Halligan solicitors for Marie Gibson, said his client was delighted with the outcome of the proceedings.
While Pauline, who did not participate in the action and who the court heard is now estranged from her mother, was his client's "flesh and blood" she had no objection to the matter being referred to the DPP, counsel said.
The judge said he was satisfied that his decisions be sent to the DPP, who will decide on whether to bring criminal charges against Pauline Gibson.
There was no objection to the court's decision.
The court deferred making a final decision on whether to refer the two judgements, where he also made findings against solicitor Kevin O'Gorman, to the Legal Services Regulation Authority (LSRA), Revenue Commissioners and the Law Society, to a date later this month.
Mr O'Gorman, who advised the parties regarding a loan agreement relating to the plaintiff's home, was found by the court in its judgements to have been negligent in the performance of his duties towards Mrs Gibson.
On Wednesday, the judge, who noted that both LSRA and the Law Society are aware of the case and had representatives present in court, said he wanted clarification on certain legal issues before making any final decision on referring his findings to those bodies.
Eugene Gleeson SC for Mr O'Gorman said his client would prefer if the actions were not referred to the various bodies.
Counsel said his client is no longer a man of means, and he has already suffered enough given that the proceedings against Mr O'Gorman had been widely publicised.
Costs
The judge also made several orders regarding the legal costs of the action.
Those orders, where Mrs Gibson was awarded the vast bulk of her costs, were not finalised as the judge said the court required to hear further submissions on the level of costs that should be awarded.
The proceedings arose out of an alleged fraudulent transfer of the property between Pauline Gibson and her parents Marie and John.
Arising out of the fraud Marie Gibson, who is aged in her 80s had sued Pauline Gibson, Mr O'Gorman, Promontoria Oyster DAC which held the charge, and a receiver it appointed over the plaintiff's home at Castletymon Green, Coolock, Dublin 5.
Last year, in the first of his two judgements, Mr Justice Cregan set aside the transfer of the property between Marie and John Gibson to Pauline, that occurred in 2003 but was not discovered until 2017 shortly after John's death, on the grounds that it was fraudulent.
The court also found that Mr O'Gorman had been negligent in the performance of his duties towards Marie Gibson.
He said that Pauline Gibson had defrauded her parents out of their family home after she arranged for the transfer of that property to herself.
Marie Gibson claimed that in 2003 her daughter asked for a loan to help renovate Pauline's then family home at Fortfield Road, Terenure.
However, the court held that Pauline Gibson forged her parents' signatures on documents, resulting in the property being registered in her name.
Pauline Gibson obtained €190,000 from First Active Building Society by way of mortgage on the property.
She defaulted on the loan, which was subsequently acquired from EBS by Promontoria Oyster DAC.
Marie and her late husband were never properly advised about the transfer, nor did they get any benefit for the arrangement, the court held.
Kevin O'Gorman had acted as solicitor for both parties to the transaction.
Transfer
The 2003 transfer was never stamped or registered by Mr O'Gorman, who allegedly sought to re-execute the transfer in 2009, the court found.
Promontoria appointed a receiver over the property, which the Gibsons acquired from Dublin City Council in 1977.
In a second judgement last month, the judge ordered the removal a mortgage charge held by a financial fund over the Marie Gibson's home.
Promontoria had opposed the removal of the charge.
The judge said the transfer of the property, and the charge were void and were set aside, and made damages awards in favour of the plaintiff.
The judge also ruled that the Property Registration Authority should take steps to correct its register,
They found that the appointment of a receiver over the property was not valid.
Pauline Gibson, the judge said had engaged in a scheme in 2003 to defraud her parents out of their family home.
The court marked that with an award of punitive or exemplary damages in the sum of €75,000 in favour of her mother..
Mr O'Gorman, the judge said, had behaved in "a grossly negligent manner" towards Marie Gibson and her late husband.
The judge ruled that Mr O'Gorman should pay Mrs Gibson €35,000
