€3.3m lotto dispute between woman and stepson resolved

Ann O'Loughlin

A dispute between a woman and her stepson over a €3.3m winning lotto ticket has been resolved, the Court of Appeal has been told.

Last year Mr Justice Richard Humphreys ruled that Mary Walsh ( 67) must pay to her stepson David Walsh €560,000 plus his legal costs after finding her stepson was part owner of and entitled to a one-sixth share of a winning ticket purchased in the Co Galway town of Ballinasloe in January 2011.

She appealed that decision, which was opposed.

David Walsh and Mary Walsh.

Today, Dervla Brown SC for Mr Walsh told Ms Justice Mary Irvine at the appeal court that the matter had been "resolved entirely".

She said it was agreed that the appeal be allowed and the orders of the High Court should be vacated except for the order dismissing the defendant's counterclaim.

It was also agreed there would be no order for costs and the plaintiff's High Court claim would be struck out.

No other details of the settlement, which are understood to be confidential, were given to the court.

In his action David Walsh (aged 53) of Knocknagreena, Ballinasloe in Co Galway sued his stepmother Mrs Walshfrom Perrsepark, Ballinasloe and argued he was entitled to his share, approximately €560,000, on the grounds his signature was among six that were written on the back of the winning ticket.

He claimed his late father had told him, shortly after the win, he would be looked after and would not have to worry about money again, but he claimed he did not get his share.

Mrs Walsh, who was married to David's late father Peter Walsh who died in December 2011, denied this and had argued that the ticket was hers.

She claimed that Mr David Walsh was offered and accepted her and her late husband's house in lieu of €200,000 euro from the win.

David Walsh denied that.

Last year in his judgment, following a seven-day hearing, Mr Justice Humphreys rejected Mrs Walsh arguments and found in favour of David Walsh.

The Judge said evidence given by Mr Walsh's stepmother Mary Walsh during the hearing was inconsistent, "not credible", contained "self-contradiction" and was "unreliable".

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