The High Court has rejected an appeal by a woman against an order directing her to pay to her former partner some 40 per cent - €170,750 - of the proceeds of the sale of the Dublin home they shared for some years.
Unknown to her partner, the woman had sold the home, which was purchased in her name, after he brought proceedings claiming a share in it and she had left for Australia. Mr Justice John Quirke yesterday found the Drumcondra house was "secretively and inappropriately" sold by Susan Evans without Thomas Gannon's consent and the proceeds of that sale were misappropriated and unlawfully removed from this jurisdiction by Ms Evans.
He upheld a Circuit Court decision that Mr Gannon, who has two daughters from an earlier marriage, is entitled to 40 per cent of €430,000 arising from the sale of the house Mr Gannon had shared with Ms Evans, who has a daughter, at Clonliffe Road before he left there in 1996 after their relationship deteriorated. He held Ms Evans is entitled to 60 per cent as her contributions to the property exceeded those of Mr Gannon from time to time.
The judge said he would deduct some €1,250 from that award, making a total award of €170,750 to Mr Gannon, after he found Ms Evans was entitled to €1,250 in relation to two incidents of assault by Mr Gannon in October 1995 and October 1996.
While he was satisfied Mr Gannon was guilty of an assault and battery against Ms Evans in October 1995, the judge said he was not satisfied Ms Evans suffered serious injuries as a result, although she might have been traumatised by the violent and unacceptable action of Mr Gannon. He also noted Mr Gannon, a former manager with First National Building Society, had sent her a profuse apology afterwards and awarded €750 damages for that incident.
The judge awarded Ms Evans €250 damages in relation to a second incident of assault in October 1996 which involved Mr Gannon turning up at the Drumcondra house intoxicated and breaking one or more flower pots and causing minor damage. He awarded €1,000 damages for both incidents, plus €250 costs.
In his judgment yesterday, Mr Justice Quirke said there were conflicts between the testimony of the sides. He found Mr Gannon to be a truthful and credible witness who had candidly acknowledged his own shortcomings. However, he found Robert Evans, who gave evidence on behalf of his sister, the defendant, not to be a reliable witness. He found that Mr Evans had lied to his sister's solicitors about her whereabouts, telling them she was in South Africa and not Australia.
An injunction had later been obtained against Ms Evans directing her not to reduce her assets in Australia below €172,000, the judge noted. He found Mr Gannon and Ms Evans had both contributed to the purchase and renovation of the Drumcondra house and Mr Gannon's right to an interest in the property was not extinguished when he left it in 1996.
