Durban - A wealthy Durban businessman was granted an urgent court application on Thursday to prevent an art dealer from selling an expensive oil painting he claims to own.
The 55-year-old businessman’s wife apparently sold an oil painting from acclaimed local artist Adriaan Boshoff to Morné Kretschmann Art Dealers in Pretoria for R200 000, without consent from her husband.
With the couple, who married in 1995, being in the midst of divorce proceedings and the parents of three children, two of whom are minors, they cannot be named.
The painting is believed to be valued at R500 000.
Advocate Paul Jorgensen represented the businessman in the matter that was presided over by Judge Kate Pillay at the Durban High Court.
In court documents in support of his application, the businessman alleged that his wife had removed, without his knowledge or consent, a number of items, including the Boshoff painting.
The wife left their home, worth about R27 million, a year ago.
The husband claims he attempted to recover the painting without resorting to litigation, but had been unsuccessful and went the legal route in December.
His 47-year-old wife filed her opposing application a month later and confirmed she had sold the painting.
In February the businessman’s attorney, Susan Abro, wrote to his wife’s legal representatives seeking information on the alleged sale of the painting. Abro was told the painting had been sold to Morné Kretschmann Art Dealers.
Attached to the documents submitted by the businessman was a cash receipt made out to the wife for R200 000 from the art dealers. The sale took place in September.
Abro then wrote to the art dealers in February, requesting that the Boshoff painting be preserved and not sold until the ownership of the painting had been confirmed.
No response was forthcoming from the art dealers, apart from a “curious” e-mail from someone called Llewellyn, claimed the businessman.
Llewellyn claimed in his e-mail that he had been asked by the woman’s attorney to ignore the letter sent to the art dealers.
Attempts by Abro to contact Llewellyn proved futile and the only information the attorney had was that the painting was sold to the art dealers.
The businessman’s application was not opposed, but the owner of the art dealership (Morné Kretschmann) forwarded an attorney’s letter to the court, which outlined his position.
It confirmed that:
* Kretschmann had no intention of contesting the businessman’s application.
* Kretschmann did not purchase the painting directly from the wife. The painting was purchased from another dealer representing the wife, to be sold to a third dealer.
* “Llewellyn” was a well-known art dealer from PE, and the uncle of Kretschmann.
* Llewellyn had sold the painting to a third party and Kretschmann had no details about the sale.
When the Sunday Tribune contacted Kretschmann about the outcome and the picture in question he said: “The matter has not been concluded as yet.
“You should contact the applicant (the businessman) about details on the painting.”
In responding to the allegations of taking the Boshoff painting without permission, the wife said in her affidavit that she and her husband had been avid collectors of artworks for more than 15 years.
When she was leaving the matrimonial home, her husband allegedly told her to choose the paintings she wanted to take with her, and she had.
“My husband and I walked around the house, discussing the paintings I wanted and an agreement was reached.
“The paintings I removed were according to our agreement.
“I sold the painting to defray some of the considerable legal expenses I have incurred,” she said.
Sunday Tribune