The High Court has ordered a Co Carlow couple who unjustly enriched themselves with money loaned to them by an English businesswoman to pay her more than €800,000 in damages.
In a ruling on Thursday Mr Justice Liam Kennedy said he was satisfied to make various orders in favour of Caroline Teltsch against James Buckley and his wife Paula.
The judge described the case as being “a very unfortunate saga” for Ms Teltsch.
Ms Teltsch, who is the owner of the Emerald Equestrian Centre in Enfield, Co Kildare, which was formerly known as Jessbrook and had been run by the family of convicted gangster John Gilligan, had claimed she advanced a large amount in loans to Mr Buckley, a former business partner, and his wife.
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She said the money was loaned for a variety of reasons, including to refurbish and run the equestrian centre between 2010 and 2018.
However, she “never received a penny back” from the couple.
The court heard that she was very ill between 2015 and 2018.
London-based Ms Teltsch claimed the defendants, and in particular Mr Buckley, unjustly enriched themselves after committing acts of fraud, deceit and misrepresentation against her.
She also claimed the defendants engaged in a protracted campaign of confidence trickery, emotional manipulation and financial exploitation against her during the relevant period.
She claimed Mr Buckley convinced her to advance him loans to pay tax bills, including a payment to Revenue that Mr Buckley had claimed was about to repossess the equestrian centre.
Other loans, she claims, were advanced to pay for a Jaguar XKR car and a Mitsubishi Evo sports car Mr Buckley allegedly used for rallying, Revenue bills, medical expenses, electricity bills, the costs of legal proceedings Mr Buckley was involved in, a deposit on a house and on flights to New York for their wedding.
The court also made declarations including that certain folios of land in Co Kildare near the centre are held in trust by Mr Buckley for the plaintiff, and that she is entitled to be registered as an owner of a stallion called Louis, of which she owns 50 per cent. Mr Buckley owns the remaining 50 per cent of the horse.
The judge said he was satisfied to grant judgment against the couple in favour of the plaintiff in sums totalling more than €800,000.
Mr Justice Kennedy noted that the claim was not contested by the defendants, with an address at Hillview Stables, Ballymoon, Bagenalstown, Co Carlow.
They had denied the claims, but due to their failure to comply with a court order to disclose certain materials and documents to the plaintiff, Ms Teltsch’s lawyers successfully had the Buckleys’ defence struck out.
The Buckleys were not present in court for the hearing, nor were any representations made on their behalf.
Ms Teltsch, represented by Anthony McBride SC, Francis McGagh and solicitor Donnacha Anhold, claimed she first dealt with the defendants in 2010 over the purchase of a horse.
She alleges the defendants befriended her and convinced her to invest in a broader set of ventures than originally planned, before exploiting her desire to breed and train horses.
She initially advanced loans to help the defendants refurbish stables in Co Carlow, and to buy shares in horses.
Over the year she said Mr Buckley had come to her on many occasions looking for money from her, which she said he always knew were loans that were to be repaid and were not “gifts”.
The court also heard that for a time between 2015 and 2018 Ms Teltsch was ill and required medical attention.
In 2013, Ms Teltsch says she was persuaded by Mr Buckley to buy Jessbrook from the Criminal Assets Bureau for a sum just under €450,000.
The centre was the subject of lengthy legal proceedings involving CAB and John Gilligan’s family.
She said she provided funds for the facility – for which she is now the registered owner – which needed extensive refurbishment.
It had been operated by Mr Buckley for a period and was to be self-financing.
She claimed that Mr Buckley sought and was advanced money after he told her that Revenue officials were coming to the Emerald centre to take equipment.
Mr Buckley also convinced her that, due to the centre’s past owner, she should not be registered as the owner, and the property was registered in the name of a trust.
She claims Mr Buckley told her it would be “dangerous” for her to be the registered owner, due to the facility’s past connection with Gilligan.
Following a request in 2017, Ms Teltsch said she advanced funds to the account of Mrs Buckley, a teacher.
She claims the business arrangement with Mr Buckley broke down in 2018.
She said she “smelled a rat” when she discovered that money she loaned to Mr Buckley, who said he needed cash to help his brother, was never paid to the defendant’s brother.
She accepted she entered into an agreement with Mr Buckley in 2018 which resulted in the centre being transferred back to her for partial consideration of the overall debt he allegedly owes her to the value of €1 million.
She told the court she entered into the agreement because she wanted to retain what she believed was her property and to get something out of the money she had invested in the centre.
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