A HIGH Court dispute between former Hollywood actor Dana Wynter and others over entitlement to the €125,000 proceeds of the sale of a Paul Henry painting has been settled. The money is to go to a Co Donegal businessman.
The painting, Evening on Achill Sound, was on display in the 1990s in the Wicklow home of Ms Wynter – star of Invasion of the Body Snatchers (1956) – and her son Mark Bautzer, an art dealer.
Mr Bautzer claims he bought the painting as a gift for his mother in 1996 and it was put up at their Irish home in Laragh East, Glendalough. Ms Wynter, a widow, and her son spent time in the US as well as Ireland each year and the Wicklow house was looked after by a caretaker.
However, in proceedings by businessman Eamon Gallagher of Killybegs, Donegal, he alleged he had in June 1999 paid €76,000 to Jorgensen Fine Art Ltd, Molesworth Street, Dublin, for the painting.
Five years later, in May 2004, Mr Gallagher said he asked James Adam and Son Ltd of Stephen’s Green, Dublin, to sell it for him and it was sold for €125,000 to a Northern Irish buyer.
When Ms Wynter and Mr Bautzer learned of the 2004 sale, they launched High Court proceedings against James Adam claiming Adams had wrongfully or negligently sold it.
Mr Gallagher lodged a separate action seeking the release of the proceeds of the sale which James Adam had frozen because of the dispute.
He also sued Jorgensen alleging they had failed to carry out checks to ascertain the provenance of the painting and for breach of the Sale of Goods and Supply of Services Act 1980.
Jorgensen and Adam denied the claims.
The case came before Ms Justice Mary Laffoy in July last year when the court was told the painting remained outside the jurisdiction and the court would have to decide which of the various proceedings would have to be heard first.
The court also heard a claim by Ms Wynter and her son against Adams for damages for conversion of the painting had been abandoned and the only matter outstanding related to which party was entitled to the €125,000. Adams had been holding the money paid by the Northern buyer in 2004. Ms Justice Laffoy ordered the €125,000 be paid into court pending determination of the matter.
Yesterday, the judge was told by Laurence Cullen, solicitor for Ms Wynter and her son, a settlement had been reached and the money which had been lodged in court could be paid out to Mr Gallagher. The judge adjourned the matter to next week for the settlement to be formalised.