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Doctor to receive refund, interest over alleged counterfeit art purchase
By TODAY | Posted: 29 July 2011 0732 hrs
SINGAPORE: A doctor who paid S$300,000 for 19 paintings and a wood carving, which she later believed to be counterfeits, has succeeded in her lawsuit against the seller.
The High Court ruled on Thursday that Dr Xiaoyan Baumann is entitled to a refund from Singapore-based Indonesian businessman Tong Djoe as there was a written undertaking to return the sum by 1 August 2009.
Dr Baumann bought the artworks from Mr Tong in September 2008, including works purportedly by famed painters Walter Spies, Xu Beihong, R Bonnet, Chen Yifei and Hendra Gunawan.
Subsequently, as she believed the artwork comprised counterfeit works, Dr Baumann demanded a full refund. Mr Tong entered into a written undertaking whereby he promised to return Dr Baumann the S$300,000 in cash by 1 August 2009. He did not, however, do so despite repeated demands.
High Court Judge Judith Prakash on Thursday found Mr Tong had "damaged his credibility as he had initially claimed that the written undertaking was not a binding agreement but subsequently changed his position".
Mr Tong was ordered to pay the S$300,000, interest on the sum and costs. Dr Baumann was represented by Senior Counsel Jimmy Yim, while Mr Tong was represented by Mr Peter Pang. - TODAY
