Shane Ray Stallard duped Glenfield acquaintance Lynda Ellice out of her $500,000 lotto winnings claiming he was seriously ill with cancer, then disappeared. Stallard was ordered by the High Court to refund the money received plus interest; a total of $660,330.
The Ellice and Stallard families both lived in west Auckland suburb, Glenfield. Stallard was a high school friend of the Ellice’s son. The High Court was told of Stallard manipulating Lynda Ellice’s emotions after she won big in lotto, saying he needed money to fund cancer treatment, to pay for knee surgery and to pay his children’s school fees. The pretence was orchestrated by having Mrs Ellice take him to medical appointments; but she was always asked to drop him at the entrance. In hindsight, she never saw him actually attend a medical appointment. He had Mrs Ellice make cash payments with withdrawals from ATM machines, break investment term deposits and draw down on her credit card. Over a period of four years to 2012 he extracted some $550,000. Her husband became aware funds had disappeared only after their bank threatened legal action alarmed at the precarious state of their finances. Mrs Ellice managed their household funds. In September 2012, Mr Ellice demanded repayment. Nothing was paid back.
Justice Fitzgerald ruled Mr Stallard was liable in deceit; falsely representing money was needed for medical treatment knowing that was not true. Mr Stallard was also liable for breach of contract; there was evidence he regularly promised to repay money handed over by Mrs Ellice. He did not appear in court to defend the Ellices’ claim.
Ellice v. Stallard – High Court (23.07.19)
15.136