A LONDON antiques dealer who paid a £677.000 sterling deposit on nine lamborghini cars which she never received succeeded in her High Court action against three Co Cork businessmen yesterday.
Ms Amanda Forshall, of Paultons Square, Chelsea, London, owner of Fine Arts and Collections Ltd, claimed that the money she paid to buy the cars had never been recovered and her reputation had been severely damaged.
Mr Justice Shanley measured damages to Ms Forshall at £677,000 sterling plus interest at the court rate of 8 per cent from January 1st, 1991 against three defendants.
Ms Forshall whose company had sourced fine arts and classic cars for wealthy Japanese clients, agreed in May 1990 to buy Lamborghini Diablos through Lambo Motors of Ireland Ltd, set up in December 1989.
The judge decided to award damages for deceit against Mr Gerard Walsh, who held himself to be the owner of Lambo Motors, and Mr Timothy McSweeney, a director.
Damages were also awarded against Mr Michael McSweeney, an officer of the Bank of Ireland branch in Bandon, Co Cork, and a brother of Mr Timothy McSweeney, for negligent misstatement and negligent misrepresentation.
Mr Justice Shanley said he would allow interest on the award, because while the monies lost by Ms Forshall in the transactions belonged to Japanese principals, who had forgiven Ms Forshall and did not seek to pursue her, she would have made a significant profit if the deal had been true and correct.
The judge said he accepted Ms Forshall's evidence in its entirety as credible and truthful. He rejected evidence given by Mr Gerard Walsh. Mr Timothy McSweeney and Mr Michael McSweeney as neither accurate or credible.
Mr Justice Shanley said Mr Michael McSweeney had at least 12 telephone conversations with Ms Forshall, who was a client of a customer of the Bank of Ireland, between April 1990 and January 1991. Of these, eight were calls made by Mr Michael McSweeney and unsolicited.
Apart from unambiguously representing that Lambo Motors was a concessionaire of Lamborghini Motors and was in a position to deliver Diablo cars. Mr Michael McSweeney also represented himself as the Bank of Ireland manager to Ms Forshall and others.
The judge said that Mr Michael McSweeney's position had to be understood. He knew Mr Walsh and Mr Timothy McSweeney was his brother and Mr Michael McSweeney clearly believed what he was being told.
The judge said he was also satisfied that Mr Walsh represented himself as the owner of Lambo Motors to Ms Forshall from May to October 1990 and that lambo was the Lamborghini concessionaire for Ireland. He did not accept, however, that Mr Walsh had any agreement with Ms Forshall in respect of commission on the purchase of cars.
Mr Justice Shanley said he was satisfied that Ms Forshall did not agree to pay Mr Walsh in respect of work done by him or his firm in relation to a golf project in Kinsale, Co Cork, or the Kensington Palace Gardens project.
In all, said the judge, Ms Forshall paid £677,000 to Lambo. Of this sum, Mr Walsh retained £124.166 sterling and £10,000, claiming those sums on account of commission and fees.
Mr Justice Shanley said he was satisfied that Mr Timothy McSweeney told Ms Forshall in May 1990 that Lambo was the concessionaire for Ireland and that he told his brother, Mr Michael McSweeney, that Lambo had an arrangement whereby Lambo would be able to buy a number of Diablos in 1990. As late as January 1991 he had tried to buttress this lie by showing Ms Forshall what purported to be Lamborghini seals and a logo.