‘Vulnerable’ mum to be paid back after court ruling
A man who refused to give his ageing mum enough money to buy a house — after pocketing the profits from the sale of his parents’ home in Clayton — has been ordered to pay up after she took him to court. This is how he ripped her off.
East
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A man who gradually took control of the finances and property of his mother, who lived in Clayton, has been ordered to give her almost half a million dollars.
County Court Judge Ted Woodward determined that Bozena Nieduziak, 65, was entitled to the full amount of her claim of $451,375 plus interest and costs.
He said her older son Arek, 43, “took advantage of Bozena’s vulnerability”, who was “at a disadvantage because of her age, lack of income and assets and ignorance of commercial dealings”.
After a marriage split in 2003, Ms Nieduziak assumed a $50,000 debt for the Moriah St property — then valued at $320,000 — but Arek organised for a $100,000 mortgage while also convincing her that he needed to become a joint proprietor.
Taking control of all the finances, including receiving rent, Arek then organised for a $300,000 mortgage to be co-signed with his mum, the court heard.
But Ms Nieduziak said she thought she was there as a witness only.
The court heard that while there was no direct evidence as to how Arek spent the money, he bought and sold many properties in his name and in the name of a company for which he was sole director.
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Ms Nieduziak, who was on Centrelink payments, was almost entirely dependent on Arek financially and for accommodation, so when Arek announced an intention to move to Queensland in 2015, she agreed as she felt she had “nowhere to go”.
A year later, with Arek claiming he couldn’t afford the loan repayments, the Clayton property was sold for $635,000.
After selling costs and repayment of the loan, the remaining $311,219.74 was paid — directly into Arek’s account.
On the understanding the money would be used to buy her somewhere to live, Ms Nieduziak looked for a place in Queensland, but returned to Melbourne in 2017.
Finding a one-bedroom property for his mother, Arek then only offered to pay half the cost.
Judge Woodward said Ms Nieduziak’s contribution to the Clayton property was the largest “by a significant margin” and that, in his view, she only transferred it into joint names because she believed Arek’s assertion that he needed to be “on the deed”.
“It is inconceivable that she would have willingly given up 50 per cent of her only asset of substance to one of her sons who was then financially secure, at a time when her and (her other son’s) financial future was so uncertain,” he said.