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The High Court dismissed a request by a woman who was brought to court by her stepson for a stake in a € 3.3 million 2011 Lottery jackpot to sue the former National Lottery operator for alleged negligence.
In today’s ruling, Judge Teresa Pilkington ruled that Mary Walsh, who ultimately settled the proceedings brought against her by her stepson David Walsh, cannot bring proceedings against the former Lotto operators, An Post National Lottery Company.
The company went into voluntary liquidation in 2014.
As the company is in liquidation, Ms. Walsh must obtain Superior Court permission before formally filing her claim that she allegedly received negligent advice from the former operator regarding the lottery.
The judge said she was satisfied that the issue of the alleged nuisance had been resolved in the Superior Court proceeding brought against Ms Walsh by her stepson that was heard in 2017.
Suggesting otherwise, the judge added, “would require repetitive and unnecessary litigation.”
In the court’s view, “it would constitute an abuse of process” to allow proceedings against An Post National Lottery Company to proceed.
In her action against the former operator, Ms. Walsh alleged that a representative of the National Lottery gave her certain advice when she went to collect what she claimed were her winnings in January 2011.
She claimed the advice, where she was told that if she wanted to give gifts to someone, those people had to sign the winning ticket if those gifts were tax-exempt, she was negligent.
As a result of the advice, she claimed that she and five other people, including David Walsh, signed the winning ticket.
That led to David Walsh filing a case against her in Superior Court.
She was married to David’s father, Mr. Peter Walsh, who died in December 2011.
The court also heard that she is the subject of separate, but related proceedings from another signatory to the winning ticket, Mr. Kevin Black, who is the nephew of her late husband.
In his proposed action, he claimed that the full implications of that advice were never explained to him, and he wishes to file a claim for damages against An Post National Lottery Company.
The company went into liquidation after another entity obtained the license to operate the National Lottery.
His application was rejected on grounds that included that it was doomed.
In proceedings that were filed in Superior Court in 2017, Judge Richard Humphreys ruled that Ms Walsh had to pay David Walsh € 560,000 plus his legal costs after discovering that her stepson was a co-owner and entitled to one sixth of a profit. Ticket purchased in Ballinasloe, Co Galway, in January 2011.
Ms. Walsh appealed that decision to the Court of Appeal.
In 2018, the Court of Appeals was informed that the action was “resolved in its entirety.” As part of the settlement, his appeal was allowed.
Mr Walsh, of Knocknagreena, Ballinasloe, Co Galway, had sued Mrs Walsh, of Monksland, Athlone, Co Roscommon, arguing that she was entitled to her share, approximately € 560,000, of the profit because her firm was between the six written on the back of the winning ticket.
He claimed that his late father had told him, shortly after the victory, that they would take care of him and that he would not have to worry about money again.
He claimed that he did not receive his share.
Ms. Walsh denied it and argued that the winning ticket was hers.
She claimed that David Walsh was offered and accepted her and her late husband’s house in lieu of € 200,000 from the win.
David Walsh denied it.
After a seven-day hearing in 2017, Judge Humphreys rejected Ms. Walsh’s arguments and ruled in favor of David Walsh.
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