'Taking advantage': Elderly Perth woman's battle to recover $300,000 from daughter
A woman has been ordered to repay her mother hundreds of thousands of dollars after a judge found she acted unconscionably and took advantage of the 84-year-old, who was grieving her husband's death.
Hildegard Meiners, 84, alleged her daughter Debra Gunn encouraged her to sell her Armadale home under the pretence the funds would be used for the two of them to purchase a property in Yokine together.
But after she sold the property, Ms Meiners said Ms Gunn convinced her to instead buy a lease in a retirement village and then used the rest of the money to buy a home under her own name.
The case was heard in the WA Supreme Court.Credit:Erin Jonasson
The bitter family feud landed in WA's Supreme Court throughout 2018 and 2019, with acting judge Larissa Strk last month ruling in favour of Ms Meiners, saying the money transactions constituted "unconscionable dealings".
Ms Meiners, who emigrated from Germany to Australia in 1959, had been living in her Armadale home with her husband of 22 years, Lionel 'Ben' Meiners, since 1992.
However, after her husband's sudden death in 2014, Ms Meiners said she started to feel isolated and thought her daughter's suggestion to move in together in Yokine to be closer to her granddaughter was "a good idea".
The pair, who had a tenuous relationship for several years, had reconnected after Mr Meiners' death.
"I missed Ben. All of a sudden I was on my own and the house was cold," Ms Meiners told the court.
"So, to escape this feeling, I thought I'd go somewhere else that does not remind me of him and of the loss. Not that that helped, but I didn't know that at the time."
The property was listed for sale around February 2015, but less than three months later, Ms Gunn encouraged Ms Meiners to use the proceeds to buy a retirement village unit lease in Dianella.
She also convinced her mother to transfer the leftover cash from the sale of the Armadale property – $130,000 – to her account, which she used to purchase a property in Yokine in August 2015.
When Ms Meiners found out, she asked her daughter to move in with her but she said Ms Gunn "did not allow her to" and suggested buying another unit for her to live.
According to Ms Meiners, Ms Gunn, who lived in Coorkenup but worked in Osborne Park, said she was selling her Coorkenup home and if Ms Meiners gave her the proceeds for the sale of her retirement village lease she would combine the funds to buy a unit near the Yokine property.
The 83-year-old agreed and transferred $242,717 to Ms Gunn, which she used to pay off the debt of the Yokine home.
Ms Meiners claimed her daughter, who she relied on as her power of attorney and sole guardian, had exerted "undue influence" over her and claimed she retained the rights over the Yokine property.
But Ms Gunn denied pressuring Ms Meiners into selling the Armadale home and said her mother's funds were a "gift".
Acting judge Larissa Strk ruled in favour of Ms Meiners and said the 84-year-old was disadvantaged when dealing with Ms Gunn because of her age, grief and health.
"Ms Meiners transferred the majority of her wealth to Ms Gunn. There is no evidence that Ms Meinters did so to express her gratitude," she said.
"I found Ms Meiners to be an honest witness, although there were gaps in [her] recollection."
Ms Gunn was ordered to sell the Yokine home and any other property purchased using her mother's funds, and transfer any proceeds of the sale to Ms Meiners.