The Supreme Court yesterday upheld a High Court award of £677,000 sterling in damages to a London antiques dealer.
Mr Justice Barrington, sitting with Mr Justice Lynch and Mr Justice Barron, rejected an appeal against the award made to Ms Amanda Forshall, a director of Fine Arts and Collections, London. The company's business was to source investment opportunities for Japanese clients.
The High Court awarded damages for deceit against Mr Gerard Walsh, who held himself to be the owner of Lambo Motors Ltd, Macroom, Co Cork, and Mr Timothy McSweeney, a director.
It also awarded damages for negligent mis-statement and negligent misrepresentation against Mr Michael McSweeney, an officer of the Bank of Ireland branch in Bandon, Co Cork, and a brother of Mr Timothy McSweeney.
In the High Court in March 1997, it was claimed that the £650,000 deposit Ms Forshall paid for nine Lamborghini Diablos had never been recovered, her reputation had been severely damaged and she had lost valuable Japanese contacts.
Mr Justice Barrington, delivering the judgment, said the appellants had submitted that the High Court was in error in finding, in internal bank documents, support for the proposition that Michael McSweeney and others told Ms Forshall that Lambo was a Lamborghini agent.
Mr Justice Barrington said a bank official thinking Lambo could supply Lamborghini cars in 1990 or 1991 could easily, in verbal communication, give the impression that Lambo was able to supply the cars or was a concessionaire. The High Court was therefore entitled to regard the memoranda as supporting rather than contradicting Ms Forshall's claims.