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Saturday 24 February 2018

Court orders sale of paintings to pay gallery's judgment debt

Ray Managh

DUBLIN'S Apollo Art Gallery yesterday failed to stop the County Sheriff selling a number of paintings to meet a judgment debt.

Barrister John Donnelly told the High Court yesterday that the gallery, at Dawson Street, Dublin, had sold a Markey Robinson and a Basil Blackshaw to civil servant Brian Carroll.

He said that, in the deal, the gallery, through its directors Hugh Charlton and his son, Julian, had given Mr Carroll, of Cypress Lawn, Templeogue, Dublin, an undertaking that, after five years, it would buy back the paintings at an inflated price.

Mr Justice John Edwards heard that when Mr Carroll returned five years later with his "Breakfast Homage to William Scott" by Robinson and "Winter Landscape" by Blackshaw, the gallery reneged on the deal.

Mr Donnelly said Mr Carroll had obtained an order from Judge Jacqueline Linnane in the Circuit Civil Court directing the Charltons to honour the inflated buy-back contract.

The Charltons had ignored the specific performance directive and Mr Carroll had gone back to the Circuit Court and had obtained a decree against them for €15,400.

This, too, had been ignored and Mr Carroll's solicitor Ivor Fitzpatrick had called in the help of Dublin City Sheriff, Brendan Walsh, to execute judgment against the Charltons.

Mr Donnelly said the City Sheriff had seized a number of paintings, which would be sold by de Vere's at their forthcoming art auction in their Dublin rooms on October 3 to meet the judgment.

Judge Edwards refused an application by the defendants for an injunction restraining the sale, saying the Charltons had failed to provide the court with credible business records of sales and VAT receipts.

Irish Independent

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