AN INTERIOR designer “betrayed the friendship” and “took advantage of” a client and friend by “grossly overcharging” for services it was claimed were provided, a High Court judge has found.
Mr Justice John Hedigan said yesterday that not only had Francesca De Cataldo acted in “a reprehensible manner” in seeking payment of more than €77,000 from Val Timon for furnishing apartments he owned in Dublin and France, she had also readily forged documents and tried to intimidate a witness into not giving evidence in the case.
Sundogs Rock Productions Ltd, Killiney Hill Road, Killiney, Co Dublin, of which Ms Cataldo says she is the managing director, sued Mr Timon, a solicitor and developer, Shanganagh Terrace, Killiney, for allegedly failing to pay for services carried out on his behalf.
In dismissing the action, Mr Justice Hedigan said it was clear Ms De Cataldo was “bereft of all credibility”. It was all too clear from the evidence that Ms De Cataldo was prepared to grossly overcharge Mr Timon for the goods she had bought.
The judge said a list of goods supplied by Ms De Cataldo to Mr Timon, for which she paid €43,000 and which were invoiced at €77,000, was valued at €6,353 by an independent valuer.
“Grave questions” also arose over “clearly forged signatures” on documents exhibited in the case, the judge added.
Mr Timon, represented by Robert Barron SC, had denied any monies were owed and said Ms de Cataldo’s claim was mischievous and deceptive.
During the proceedings, Neil Bailey, a co-founder and former director of the company with Ms de Cataldo, said the company was set up on behalf of his music group and was never authorised to do design or decoration work. He said Ms De Cataldo’s involvement with his music group had left his project destroyed and his financial situation in ruins.
In his judgment, the judge said Ms De Cataldo began an informal business relationship with Mr Timon in 2004 to decorate apartments he owned. He would pay for goods she purchased for him and she would charge a mark-up. Sometimes vouchers or chits were produced but generally he trusted her as a friend.
A dispute arose in July 2008 over the furnishing of Mr Timon’s apartment in Montpelier, France. Furniture was delivered from Ireland that Mr Timon said was unsuitable and had not been agreed. The furniture was shipped back to Ireland.
Ms De Cataldo claimed the furniture had been agreed. She did not want the furniture back and had not yet removed it from where it was currently stored.
In August 2008 Ms de Cataldo furnished Mr Timon with an invoice on behalf of Sundogs Rock Productions Ltd for €77,000.
The judge said during the hearing earlier this month that Ms De Cataldo approached a shop owner who had supplied goods to her, tried to intimidate her and threatened to sue her if the shop owner gave evidence against her.
When this came to the attention of the court, Ms De Cataldo apologised.