Friday 2 December 2016

Gallery refused to buy back paintings, court hears

Ray Managh

Published 14/02/2012 | 05:00

AN art gallery reneged on a deal to buy back paintings and double a customer's money within five years, a court has heard.

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James Galvin went back to Dublin's Apollo Art Gallery in 2010 to claim his promised 100pc profit after purchasing four paintings in 2005.

But the health and safety officer from Co Offaly said the gallery reneged on the "repurchase agreements".

Mr Galvin, of Dun Realta, Ballinsragh, Tullamore, sued Hugh Charlton and his son Julian, directors of The Apollo Gallery, Dawson Street, Dublin.

Barrister Vincent Nolan told the Circuit Civil Court that the breach of contract proceedings concluded when Apollo Gallery Ltd, an entity which had not been sued at all, had forwarded Mr Galvin a cheque for €33,600. This was the full amount of his claim.

He told Circuit Court President, Mr Justice Matthew Deery, that Hugh and Julian Charlton were now contending they had not been party to the "repurchase agreements" -- and that there was no case against them, despite his client having been paid in full by the limited company.

Evidence

Mr Nolan said the Charltons were claiming the case taken against them personally was still live -- and they wished to have it fully heard, requiring all parties to give evidence.

But Mr Nolan submitted that the only outstanding matter was the question of legal costs.

A solicitor for the Charltons said the €33,600 cheque had been forwarded by the limited company without the benefit of legal advice.

Their position was that a separate legal entity had forwarded the cheque without their knowledge, despite their involvement in the company. They still disputed that they had any personal responsibility with regard to the "repurchase agreements".

"Their position is that it was perfectly open to the plaintiff to phone up and say 'look I have a cheque here, what shall I do with it?'" he said.

Judge Deery said that the Charltons' argument was without merit and Mr Galvin was entitled to his legal costs.

Mr Galvin's legal costs also included the €145 he paid for van hire to bring the paintings back to the gallery on December 17, 2010.

Mr Nolan said the four paintings concerned were now available for collection by the Charltons at Mr Galvin's solicitor's office.

Irish Independent

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