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THE High Court has thrown out a lawsuit brought by wealthy businessman David Eng against Opera Gallery over his purchase of a US$1 million (S$1.5 million) sculpture known as The Thinker.
Mr Eng sued the established art gallery for a refund, claiming that its director, Mr Stephane Le Pelletier, had misled him into buying the life-size bronze sculpture in 2005.
But in a written judgment released on Wednesday, Justice Lai Siu Chiu dismissed Mr Eng's suit.
The sculpture, arguably the most famous work of 19th-century French sculptor Auguste Rodin, depicts a man sitting in thoughtful contemplation.
Mr Eng alleged that the art piece he bought, identified as Edition 4/25 - the fourth of 25 pieces - had been presented to him as an 'original work' and the only edition available for sale. He said he realised the piece was not exclusive when Edition 12/25 was delivered to his home instead.
The gallery denied making the claims alleged by Mr Eng. Mr Pelletier said he had told Mr Eng that the sculpture was a posthumous limited edition, commissioned by the Sayegh Gallery in Paris.
The court heard that the original work was 72cm high; Rodin later made two 2m bronze models.
In 1998, the Sayegh Gallery found a mould that had been used to make the first large-scale sculpture. It was authorised by the Rodin Museum to reproduce 25 specimens.
In her judgment, Justice Lai said she was not impressed with Mr Eng's shifting testimony. She felt Mr Pelletier had been consistent and more credible. She was not convinced he had misrepresented the sculpture, and made an 'educated guess' as to why Mr Eng wanted to get out of the sale.
She said he was eager to buy Edition 4/25 because he thought he was getting the only edition available and he did not pay attention to the information provided by Mr Pelletier. Mr Eng thought he had a good deal after driving down the price from US$1.8 million to US$1 million. But when Edition 12/25 was delivered, his investment in Edition 4/25 no longer seemed so attractive, said the judge.
Read the full story in The Straits Times today.
