Offaly pensioner secures temporary High Court injunction against his nephew

It is alleged nephew spent over €130,000 of 87 year olds money on his own needs

Aodhan O'Faolain

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Aodhan O'Faolain

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Offaly pensioner secures temporary High Court injunction against his nephew

High Court

An 87 year old man has brought High Court proceedings against one of his nephew's who it is alleged spent over €130,000 of the pensioner's money on his own needs. 

The proceedings were brought by Patrick Hogan whose lawyers on Thursday secured a temporary High Court injunction preventing his nephew Thomas Kelly from reducing his assets below a certain value. 

Seeking the injunction John Donnelly Bl, instructed by Shiel Solicitors, said his client is an 87 year old bachelor who has some 23 nieces and nephews.

Counsel said Mr Hogan, who is originally from Harristown, Kinnegad Co Meath retired from the OPW some years ago, currently resides with one of his nieces at Castlejordan, Tullamore, Co Offaly.

His income comes from his pension from the OPW and the old age contributory pension. 

Counsel said in 2012 Mr Hogan granted Mr Kelly, of Rahan, Edenderry, Co Offaly a mandate allowing him make withdrawals from Mr Hogan's account with Edenderry Credit Union, into which his pension is paid.

This was done to help Mr Hogan manage his money.

Counsel said last year Mr Hogan became aware that following the execution of the third party mandate Mr Kelly began to make large withdrawals of money from the credit union account.  

In 2014 Mr Hogan said he spent six months in a nursing home in 2014 following a stroke. 

While Mr Kelly had permission to use funds in the credit union account to discharge the nursing home fees and expenses most of the money withdrawn was not used for Mr Hogan's benefit.

A forensic accountant had calculated that Mr Kelly withdrew some €153,000 from the Mr Hogan's account between 2012 and 2016.

Of that amount it is estimated €133,000 was withdrawn by Mr Kelly for his own use without Mr Hogan's permission.

Counsel said Mr Hogan has no knowledge exactly what the money was spent on.

Counsel  said Mr Hogan asked Mr Kelly to repay the money, but so far he has failed to do so.

Counsel said a complaint has been made to the Gardai.

Counsel said Mr Hogan was now seeking a freezing order from the High Court over concerns that Mr Kelly may dissipate his assets. 

Mr Kelly, counsel added, is in the process of selling a property he owns and Mr Hogan is apprehensive that the net proceeds of that sale maybe dissipated and not used to repay the money taken from the credit union account.

Counsel said that the property was not Mr Kelly's home but he had been doing it up and  getting it ready for sale.

The application came before Mr Justice Paul Gilligan who said he was satisfied to grant an interim injunction preventing Mr Kelly from reducing, transferring or diminishing his assets to a value less than €200,000.

The court also granted Mr Hogan a temporary injunction preventing Mr Kelly from selling the property.

The order, which was granted on an ex-parte basis, was made returnable to a date next week.