A WOMAN in her eighties was overcharged more than €67,000 over a two year period by a nursing home, the High Court has heard.
In a bid to recover the money lawyers for Mary Philomena Gogarty (85), obtained freezing orders against Donna Quinn the joint owner of Riverview Nursing Home, Dublin Road, Trim, Co Meath.
Earlier this month at the High Court Ms Justice Mary Laffoy granted Ms Gogarty originally from Summerhill, Co Meath, temporary injunctions restraining Ms Quinn, T/A Riverview Nursing Home, from reducing her assets below €100,000 or from reducing the proceeds of sale of the nursing home below €100,000 until the matter had been fully resolved.
Yesterday Mr Justice Patrick McCarthy granted judgment in favour of Ms Gogarty against Ms Quinn for €67,096.
The judge made the order after the defendant gave an undertaking that Ms Gogarty would be paid from the proceeds of the sale of the nursing home.
Fintan Hurley for Ms Gogarty said that in late 2006 his client first entered the nursing home, known as St Anthony’s and jointly owned by Ms Quinn and her husband Derek Farrell, of Floraville Drive, Clondalkin, Dublin.
Counsel said in October 2009 Ms Gogarty became concerned that money had been taken from her bank account without her consent or knowledge. Following an examination of statements counsel said that between October 2007 and December 2009 €153,000 was paid to Riverview’s account, an overcharge of €71,000.
Counsel said Ms Gogarty’s solicitor Joseph Curran became concerned as it appeared that signatures on many cheques were not his client’s, and were forgeries.
Ms Quinn conceded that Ms Gogarty, who moved to another nursing home as a result of what had occurred, was owed money and said she would repay the money.
Mr Curran said that last January he learned the nursing home was closed, and up for sale.
In an affidavit the defendant’s solicitor Noel Gargan said that she was not in a position to discharge the money due until the property had been sold. Claims that the defendant was trying to secrete the surplus proceeds of the sale were denied.