Doctor, Lib councillor hand home back to elderly mum after lawsuit lands family in court

A widowed mother will have her beloved home signed back to her after her specialist son and his Liberal councillor wife denied they improperly influenced her to sign it away for $1.

Peter Walk, top left, Katrina Walk, bottom left, and his mother's "family home" at Tea Gardens. Pictures: Supplied

A top doctor will give a house back to his mother after the elderly widow alleged the doctor and his Liberal councillor wife influenced her to sign away her beloved home for just one dollar.

The elderly woman could even ask for her high-powered son and daughter-in-law to be “locked up” if they break their promise, a judge has said.

Delma Wark, 81, sued her son, specialist Peter Wark and his Newcastle councillor wife Katrina in the NSW Supreme Court over the Tea Gardens home.

Mrs Wark, in a court document, alleged she’d signed over half the home in 2014 to her son because he and his wife owed $70,000 in fees to the prestigious Newcastle Grammar School.

In exchange they would give her $1 — but never paid the token price, Mrs Wark claimed in her court case.

Peter and Katrina Wark denied telling Mrs Wark they were in danger of losing their home or that they owed the school tens of thousands of dollars.

Peter Wark denied telling his mother he and his wife were in danger of losing their home or that they owed the school tens of thousands of dollars. Picture: Supplied

Four months later, according to the court documents, the couple asked Mrs Wark to sign over the rest of the property to fund a townhouse development.

Liberal party councillor Katrina Wark allegedly promised her mother-in-law she could live in one of the townhouses — then the couple moved in themselves instead.

The couple further denied telling Mrs Wark they were having trouble raising finance for the housing development.

Mrs Wark’s bid to reclaim the home was set down for a trial in the Supreme Court beginning on Thursday.

Instead, her son’s barrister said he would hand back the home “free of charge”.

It may require them to sell another property in the process, the court heard, and could take months.

“They’ve had the best part of two years to do this. I shouldn’t emphasise it, but my client isn’t getting any younger,” Mrs Wark’s barrister, Kevin Tang, told the court.

Mr Tang said there was “no confidence” the doctor and councillor would actually follow through with the promise.

Justice Guy Parker offered a solution if the house was not returned, however.

“If I order them to do it they will be in contempt if they don’t. And (Mrs Wark) can apply to have them locked up,” he said.

The Daily Telegraph, in October, reported allegations Katrina Wark handed her mother-in-law a piece of paper and told her where to sign when she was visiting her grandchildren in 2014.

Mrs Wark alleged she had no legal or financial advice for the transfer.

The couple denied Mrs Wark had limited financial and legal understanding.

The court made no findings as to the allegations made in Mrs Wark‘s lawsuit and the judge congratulated the parties for reaching an agreement.

Dr Wark will have until March 3, 2023 to hand the property back to his mother.