Fine Chinese, Japanese & Asian Arts Auction • Monday 22 February 2021
Chinese and Asian Arts Experts Ray Tregaskis Victoria Tregaskis Allan Rae Luke Guan
Indigenous Australian Art Expert Shaun Dennison
Arts of the Middle East Expert Dr Susan Scollay
Curated Interior Decorator Auctions Specialist Amanda Swanson
Single-Owner Auctions Specialists Paul Sumner Sandy Bruce
SINGLE - OWNER COLLECTION AUCTIONS
Fine Chinese, Japanese & Asian Arts AUCTION
Monday 22 February 2021, 4.30pm
VIEWING
Friday 19 February
11am–5pm
Saturday 20 February 11am–5pm Sunday 21 February
11am–5pm
Monday 22 February
10am–1pm
ADDRESS
409 Malvern Road, South Yarra VIC 3141
EXPERT PANEL
Ray Tregaskis
Allan Rae
Victoria Tregaskis
Luke Guan
ONLINE
View catalogue and bid online at www.artvisory.com.au
ENQUIRIES
Luke Guan
Paul Sumner
0455 891 888
0412 337 827
info@lguanasianart.com
paul@artvisory.com.au
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Bidding at our Auctions Live Bidding If this is your first-time bidding with Artvisory you will be required to register with us, so please bring along your Government issued photo identification, such as a driver’s licence or passport with you. We suggest that you arrive in good time so that you have sufficient time to register and receive a bidding number prior to the auction commencing. See our website to download and pre-fill a registration form to bring with you. Please make sure you register in the name you want your final invoice to be made out to as invoices once issued cannot be changed.
Online Bidding Online bidding via Invaluable.com allows you to bid via the internet in real time with a live broadcast of the auction. Please register for this service with Invaluable at least 24 hours prior to the auction to ensure you do not miss your lot. Invaluable.com charge a 5% fee on any successful lots which will be added to your final invoice. Please note if you have not bid with Artvisory previously, then Government issued photo identification verifying your name and address will be required before you can be approved to bid with Artvisory via the Invaluable.com site. Please note Artvisory cannot be held responsible for any errors that occur with internet connectivity during an auction.
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Telephone Bidding Complimentary telephone bidding is available at all our live auctions. An Artvisory representative will call you approximately 3-5 lots in advance of your nominated lot and you then instruct them to bid as you would in the room. Telephone Bids must be organised at least 24 hours prior to the auction and are provided on a first come first served basis, as the number of phone lines available are limited. See our website to download and complete a telephone bidding form. Please note if this is your first time bidding with Artvisory we require a clear scanned copy of Government issued photo identification such as a drivers licence or current passport verifying your name and address and in certain cases a deposit may be required before you can bid.
Absentee Bidding Absentee Bidding offers convenience if you are unable to attend an auction in person, to bid on the telephone or if wish to stick to a budget. An Absentee Bid should be set at the maximum amount you wish to bid on the lot/s you are interested in purchasing. Should the lot/s be knocked down at an amount lower than the bid recorded on your form, the lot will be sold to you for the lesser hammer price. If identical bids are received for the same lot, then the first bid received will take precedence. Absentee Bids must be organised at least 24 hours prior to the auction and we cannot be held responsible for activating any late bids that are received. See our website to download and complete a absentee bidding form. Please note if this is your first time bidding with Artvisory we require a clear scanned copy of Government issued photo identification such as a drivers licence or current passport verifying your name and address and in certain cases a deposit may be required before you can bid.
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A CHINESE PAINTED POTTERY FIGURE OF A COURT LADY, TANG DYNASTY (618-907 AD) 37.25cm high PROVENANCE
R and V Tregaskis Oriental Art, Sydney, Australia, No. 1696 Private collection, Southern Highlands, New South Wales, Australia $800–1,200
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A CHINESE PAINTED POTTERY FIGURE OF A COURTIER, TANG DYNASTY (618-907 AD) 38cm high PROVENANCE
R and V Tregaskis Oriental Art, Sydney, no 1696 $600–800
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A CHINESE PAINTED GREY POTTERY PIG, HAN DYNASTY (206 BC-209 AD) realistically modelled in the hollow with traces of red pigment 12cm long, 5.2cm high $800–1,200
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A RARE AND FINE CHINESE BROWN-GLAZED RIBBED JAR, GUAN, JIN DYNASTY (115-1234)
A CHINESE WELL-PAINTED JIZHOU JAR, GUAN SOUTHERN SONG DYNASTY (1127-1279)
of squat ovoid form with two strap handles and six bands of four vertical ribs 13cm high Fitted box A Taiwanese collector’s seal ‘Yu Bao Xuan’ ('蕓寶軒') and description written by professor Liu Liangyou (‘劉良佑’) a noted scholar of Chinese ceramics and calligrapher on the box.
of gently rounded form with stout straight neck and rolled rim, with a vibrant two-tone brown glaze, with hints of white and pale green 11.4cm high, approximately 14cm diameter
PROVENANCE
Early Chinese ceramics from an American Private collection. J.J Lally and Co Oriental Art, March 28-April 16 2005, Cat. No 26.
Capital Gallery Hong Kong 2011 Private Collection Sydney, Australia EXHIBITED
PROVENANCE
K.Y Fine Art Hollywood Road, Hong Kong 2002 Private collection Sydney, Australia REFERENCE
EXHIBITED
Sydney, Asian Arts Institute of Australia, Objects of Desire the classic age of Chinese ceramics, Song to Yuan 10th-14th centuries, 2013, no. 58.
Sydney, Asian Arts Institute of Australia, Objects of Desire, The Classic Age of Chinese Ceramics Song to Yuan Dynasties, 10th to 14th Centuries, 2013, no. 73.
LITERATURE
LITERATURE
Asian Arts Institute of Australia, Objects of Desire the classic age of Chinese ceramics, Song to Yuan 10th-14th centuries, 2013, no. 58, p.63. $6,000–8,000
Asian Arts Institute of Australia, Objects of Desire the classic age of Chinese ceramics, Song to Yuan 10th-14th centuries, 2013, no. 73, p.78. $6,000–8,000
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A RARE PAIR OF CHINESE CIZHOU BOY PILLOWS, MING DYNASTY (1368-1644)
A CHINESE SHALLOW AMBER GLAZED BOWL, LIAO DYNASTY (907-1125 AD)
A CHINESE DING WHITE WARE BOWL, TANG DYNASTY (618-905)
18.4cm diameter
16.3cm diameter gold repair
thickly covered in a creamy, ivory-toned glaze, painted in dark brown with humoristic faces, ruyi pendants, armlets and plaits tied together above the ears 39cm long PROVENANCE
The collection of Alexander Popov in Novi Sad, Kingdom of Serbia, acquired between 19001920.
PROVENANCE
The Capital Gallery, Hong Kong The Larry Lucas collection, Sydney
PROVENANCE
EXHIBITED
REFERENCE
Sydney, Asian Arts Institute of Australia, Objects of Desire, The Classic Age of Chinese Ceramics Song to Yuan Dynasties, 10th to 14th centuries, 2013, no. 86.
For a similarly shaped bowl with a bi-shaped foot see: Pleasure of white ceramics from the private collections in Japan Neolithic to the Ming. Published by the Aichi society for the study of Chinese ceramics 2007, catalogue no 64 page 48.
LITERATURE
A copy of an old black and white photo, dating to early 1930s, with the collector’s cabinet, and the present two boys within, is accompanying.
Asian Arts Institute of Australia, Objects of Desire the classic age of Chinese ceramics, Song to Yuan 10th-14th centuries, 2013, no. 86, p.91.
$2,500–3,500
$2,000–3,000
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Acquired from Kyoto, Japan, 2000
$1,500–2,500
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A VERY RARE CHINESE PARCEL-GILT INLAID ALLOY BIRD FINIAL, DINGSHI, SONG DYNASTY (960-1279) OR EARLIER cast as a recumbent bird clutching a short open pole,the feathers, closed beak and eyes being neatly incised and parcel-gilt. Paper labels to bird and base numbered 148 16.5 cm wide, wood base PROVENANCE
Formerly in the Lowenthal Collection, Frankfurt Germany. Hans Lowenthal was born in Frankfurt, Germany. His father Julius invented the first semi-automatic lighter in history in 1928 and named it Colibri. In 1953, Hans joined Colibri and was its Managing Director for 25 years. $4,000–6,000
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A CHINESE ARCHAISTIC BRONZE VASE, HU, MING DYNASTY (1368-1644) hexagonal form decorated with two c-shaped handles surmounted by a single-horned beast head bearing adjoined loops for suspension, the rim, foot and body bear relief-bands of key fret, cresting waves and archaistic reliefs, Xuande six-character mark to base 26cm high PROVENANCE
Formerly in a Canadian private collection $2,000–3,000
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A RARE PAIR OF CHINESE JEWELLED BRONZE CAPARISONED ELEPHANT INCENSE HOLDERS, MING DYNASTY, 17TH/18TH CENTURY each on a stepped plinth with four feet, the bodies arrayed in rich trappings inset with coral and turquoise beads, the back draped with a neatly incised blanket from which rises a baluster vase above lotus sprays 16.5cm high PROVENANCE
Formerly in an old European private collection REFERENCE
For a comparable elephant form incense stand see: Christie's New York March 19th, 2009, Fine Chinese Ceramics & Works of Art, lot 619. $4,000–6,000
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A FINELY WORKED CHINESE SILVER DRAGON-VASE BY LUEN WO, SHANGHAI, QING DYNASTY, CIRCA 1900 decorated with a 3D dragon coiled around the neck and with further dragons and cloud scrolls on a stippled background, seal mark and initials L.W 18.9 cm high, 298gm PROVENANCE
Acquired by the present owner in Brisbane, Australia $2,000–4,000
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TWO CHINESE BLUE AND WHITE PLATES, KANGXI PERIOD (1662-1722) painted with young women and boys in landscape within brocade and peach borders, one with a Chenghua reign mark within blue circles 16cm diameter $700–900
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A PAIR OF CHINESE BLUE AND WHITE PLATES, KANGXI PERIOD (1662-1722) painted with women on terraces within brocade and peach borders Chenghua reign mark within blue circles 15.5cm diameter $700–900
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A CHINESE BLUE AND WHITE BARBED SAUCER DISH, KANGXI PERIOD (1662-1722)
A FINELY PAINTED CHINESE BLUE AND WHITE SAUCER-DISH, QING DYNASTY, YONGZHENG MARK AND PERIOD (1678-1735)
A LARGE CHINESE BLUE AND WHITE EXPORT WARE TUREEN AND COVER WITH STYLISED DEER-HEAD HANDLES, QIANLONG PERIOD (1711-1799)
painted with women on a terrace within a brocade border 18cm diameter
37cm wide, 20cm high
painted with exotic birds in flight in a landscape, with petalled reverse and seal marks 13.1cm diameter $400–600
$500–800
$200–400
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A SET OF FOUR CHINESE BLUE AND WHITE SAUCERDISHES, KANGXI PERIOD (1662-1722) finely painted with a young lady and a boy in a landscape, the borders with the eight precious objects 10cm diameter $600–1,000
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A PAIR OF CHINESE BLUE AND WHITE TEA-BOWLS, KANGXI PERIOD (1662-1722) painted vertical bands of flowers, Jue marks 6.5cm diameter $400–600
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THREE CHINESE BLUE AND WHITE SAUCER-DISHES, KANGXI PERIOD (1662-1722) two painted with crabs and seaweed and surrounded by fish lobsters and crabs 12.5cm diameter the other of barbed circular shape with flowers in a landscape within floral borders various marks 12.2cm diameter $600–900
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A PAIR OF CHINESE BLUE AND WHITE BARBED SAUCER DISHES, KANGXI PERIOD (1662-1722) painted with exotic birds in flight in a landscape, with petalled reverse and seal marks 13.1cm diameter $600–900 21
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TWO CHINESE KRAAK BLUE AND WHITE PORCELAIN PLATES, KANGXI PERIOD (1661-1722) painted with birds and foliage within borders of flowers and precious objects 21cm diameter $700–1,000
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TWO CHINESE BLUE AND WHITE PLATES, KANGXI PERIOD (1662-1722) painted with figures outdoors within brocade and peach borders, one with six previous objects to the reverse, the other with mountains Chenghua reign mark within blue circles 16cm diameter $600–900
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A PAIR OF CHINESE BLUE AND WHITE PLATES, KANGXI PERIOD (1662-1722) painted with large flowering shrubs within a border of flowers and rockwork precious object mark within double blue circles 20cm diameter $600–900
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A PAIR OF CHINESE BLUE AND WHITE PLATES, KANGXI PERIOD (1662-1722) painted with large flowering shrubs within a border of flowers and rockwork precious object mark within double blue circles 20cm diameter $600–900
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A CHINESE BLUE AND WHITE DISH WITH EUROPEAN SILVER HANDLE, QIANLONG PERIOD (1735-1796) painted with precious objects and flowers in panels, pseudo seal mark to base within double blue rings floral embossed silver handle with European hallmarks 28cm diameter $800–1,200
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A PAIR OF CHINESE BLUE AND WHITE SAUCER DISHES, QING DYNASTY, KANGXI PERIOD (1662-1722) each of the foliate-rimmed dish is painted on the interior with a lady and a scholar in a pavilion garden within a flower and diaper border, the base with a Ming reign mark 15.5cm diameter $600–900 26
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A FINE QUALITY CHINESE HARDSTONE AND SHELL INLAID ZITAN RUYI SCEPTRE, 20TH CENTURY
A COMPLETE FOLIO OF 36 CHINESE ARCHITECTURAL COLOUR PAINTING PATTERNS
with panels of ducks, fish, water-plants, flower and fruit in coloured stone and shell inlay 47cm long, the finial 12cm wide $1,0000–2,000
Chinese architectural colour painting patterns, 1955, Beijing: People’s Fine Art Publishing House, Beijing Commission for the Preservation of Cultural Relics eds., colour plates originally painted by Liu Xingming & Chen lianrui et. al., Beijing Zhong guo jian zhu cai tu tu an, edition no. 1014 (out of 2500). Blue covered cloth case and wood out box. each paper size 38 x 49cm $300–500
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A CHINESE NATURALISTIC ROOT-WOOD BRUSH-POT, QING DYNASTY, 19TH CENTURY 17cm high, 18cm wide $500–800
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A CHINESE BURLWOOD BRUSH-POT, QING DYNASTY, 19TH CENTURY with hardwood rim and base 14.5cm high, 21cm long $500–800
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A CHINESE SHAN MU CYPRESS HARDWOOD BRUSH-POT, QING DYNASTY, 19TH CENTURY 13.5cm high $600–800 32
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A FINELY CARVED AND RICHLY PATINATED TIBETAN CARVED BONE PLAQUE, 15/16TH CENTURY
A FINELY CARVED AND RICHLY PATINATED TIBETAN CARVED BONE PLAQUE, 15/16TH CENTURY
A FINELY CARVED AND DARK STAINED TIBETAN CARVED BONE PLAQUE, 15/16TH CENTURY
carved with a dancing female figure and surrounded by deeply carved scrolling leafage 15.2cm long
carved with a multi-armed dancing female figure and surrounded by deeply carved scrolling leafage 15.4cm long
carved with a dancing female figure beneath another figure in an arch and surrounded by deeply carved scrolling leafage 14.8cm long
A FINELY CARVED AND RICHLY PATINATED TIBETAN CARVED FRAGMENTARY BONE PLAQUE, 15/16TH CENTURY
PROVENANCE
$600–1000
PROVENANCE
Warwick Oakman Antiques, Tasmania, Australia $800–1,200
Warwick Oakman Antiques, Tasmania, Australia $700–1,000
carved with a dancing female figure beneath other figures and surrounded by deeply carved scrolling leafage 15.2cm long $600–1,000
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A RARE JAPANESE SHINOWARE SQUARE FORM WATER-DROPPER, EDO PERIOD, 18TH CENTURY
A FINELY DECORATED JAPANESE SATSUMA BASKET, SIGNED KINKOZAN SEI, MEIJI PERIOD (1868-1912)
decorated in blue with a floral sprig under a crackled thick and creamy glaze 8cm wide, approximately 5cm high PROVENANCE
R and V Tregaskis Oriental Art, Sydney Collection of Rodney Meagher QC, Sydney $600–900
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painted with a continuous spring landscape with women and a village, the interior with butterflies 14.5cm high, 14cm diameter $600–1,000
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A GOOD JAPANESE CARVED IVORY NETSUKE ON THE FORM OF A SHISHI CROUCHING OVER A BALL, MEIJI PERIOD (1868-1912) 5.2cm high, 5.4cm long $500–800 39
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A FINE QUALITY JAPANESE PAINTED PORCELAIN PLAQUE DEPICTING A SEATED LADY WITH A FAN AND A BASKET, TAISHO PERIOD (1912-1926) signed 26 x 23cm PROVENANCE
Old Private collection, Sydney $800–1,200
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A LARGE AND FINELY SHAPED JAPANESE NEGORO LACQUER DEEP BOWL, EDO PERIOD, 17/18TH CENTURY 21cm diameter 11.5cm high $600–800
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A RARE KHMER CARVED STONE SEATED FIGURE OF AVALOKITESHVARA, BAYON PERIOD, 13TH CENTURY 40cm high, 20cm wide PROVENANCE
Anthony Smith, Melbourne, now London Private collection, Melbourne $3,000–5,000
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A GILT-BRONZE FRAGMENTARY MASK OF BUDDHA, THAI, AYUTTHAYA PERIOD, 16TH CENTURY 9.5cm high $500–800
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TWO BRONZE HANDS OF BUDDHA, THAI, AYUTTHAYA PERIOD, 16TH CENTURY 7.2cm high and 6.5cm high
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$500–800
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A HEAVY BRONZE FLAME FINIAL FROM A BUDDHA, THAI, AYUTTHAYA PERIOD, 15TH CENTURY 15cm high $400–600
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A SET OF EIGHT INDIAN SCHOOL PORTRAITS OF MAHARAJAH’S, 19TH CENTURY
AN INDIAN PORTRAIT PAINTING OF A MAHARAJAH, EARLY 20TH CENTURY
each named in hand script to the reverse each 10.5 x 6.5cm
wearing a jewelled turban, pink robe and pearls and offering a red rose 22 x 16cm
$1,000–1,500
$400–600
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AN INDIAN MINIATURE PAINTING OF A NOBLEMAN ON HORSEBACK, 20TH CENTURY
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the horse body cleverly formed form multiple animals and people, each 29 x 17cm
seated in a terrace setting with attendants holding whisks, being a page from a manuscript with script in black ink surrounded by single flowers 23 x 14cm
$300–500
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A FINE INDIAN PAINTING OF A NOBLEMAN AND WOMAN, 19TH CENTURY
$600–900
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A PAIR OF FINE INDIAN PORTRAIT PAINTINGS OF A PRINCELY YOUNG MAN AND A WOMAN, 19TH CENTURY
A FINE INDIAN MINIATURE PAINTING, MUGHAL, 19TH CENTURY
each shown full length in a garden, each a page from a manuscript and with gilt highlighted script surrounding the image and sprigs of flowers around 25 x 16cm
depicting seven figures in a temple beside a river, the gentleman with his arm out holding a stick, the ladies before him arranging a table, highlighted with gilt, painted upon a page of scripture, further decorated with gilded flora 27.5cm high, 20cm wide
$700–1,000
$600–900
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A PAIR OF INDIAN PAINTINGS OF A NOBLEMAN AND ATTENDANTS, 19TH CENTURY
A RARE MOULD-BLOWN BLUE GLASS POURING VESSEL, SASANIAN CULTURE (224-651AD)
seated in a courtyard setting with attendants, with decorative panels above and below, being pages from a manuscript, 25 x 17cm
moulded with scrolls and stylised floral designs, loop handle and thumb-piece 13.7cm high
$600–1,000
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AN INDIAN PORTRAIT PAINTING OF YOUNG LOVERS, EARLY 20TH CENTURY seated in an interior with a view through a window to a moonlit landscape 17 x 10cm $600–900 54
$700–1,000
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TWO MINIATURE INDIAN PAINTINGS OF OUTDOOR SCENES, 20TH CENTURY one showing a nobleman, meeting farmers in a field, the other showing a hunt scene each 27 x 15cm $500–800
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A MINIATURE INDIAN PAINTING OF A HUNT SCENE, 20TH CENTURY with two mounted elephants and figures on foot 10 x 21cm $500–800
END OF SALE
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Sir Donald Bradman — The Legend A collection of original black and photographs Auction Monday 15 February 2021 Viewing 12–15 February 11am–5pm www.artvisory.com.au
Property from Mawallok, Western Districts, Victoria From the collection of Mr & Mrs Peter and Jocelyn Mitchell Including European furniture and decorative arts, Australian and European paintings and a collection of Roman and Egyptian Antiquities.
Auction Monday 22 February 2021 Viewing 18–21 February 11am–5pm www.artvisory.com.au
Helmut Newton (1920–2004) A Single-Owner collection of original signed photographs Auction Monday 22 February 2021 Viewing 19–22 February 11am–5pm www.artvisory.com.au
The Interior Decorator Autumn Edition
Auction Monday 1 March 2021 Viewing 26–28 February 11am–5pm www.artvisory.com.au
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Absentee Bid Form 409 Malvern Road South Yarra VIC 3141 +61 3 9826 4039 www.artvisory.com.au
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I authorise Artvisory to register bids on a per lot basis up to the maximum price I have indicated for each lot. I will not hold Artvisory responsible for any errors that occur. I understand that if my bid is successful, the purchase price will be the sum of my final bid plus the buyer’s premium of 24% plus GST of the final hammer price plus any GST payable on the hammer price, as indicated in the catalogue. GST will be charged on the buyer’s premium. If the lot is denoted by the † symbol, GST will be charged the whole amount (hammer price + GST). If the Resale Royalty Scheme is applicable 5% will be charged on the hammer price only. The Resale Royalty Scheme is denoted by the § symbol in the catalogue. Your invoice will be emailed to the supplied email address immediately after the auction has finished and will contain all details pertaining to payment and collection.
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35
Telephone Bid Form 409 Malvern Road South Yarra VIC 3141 +61 3 9826 4039 www.artvisory.com.au
In order to register to bid with Artvisory, please complete this form, scan and email to accounts@artvisory.com.au Auction Title: Name (please print clearly): Email Address (for invoicing & correspondence): Telephone (mobile):
Telephone (home/work):
Invoice address (PO Box not accepted): City
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Please tick here if you do not want to receive special invitations and online auction catalogues by email. We value your privacy and will not disclose your details to any third party. You may request that your details are removed from our database at any time. If you have not previously purchased with Artvisory, please scan your photo ID (either a drivers licence or passport) and email to accounts@artvisory.com.au Lot Number (in order)
Catalogue Description
Cover Bid Not including buyer’s premium or GST (where applicable)
(please print clearly)
A$ A$ A$ A$ A$ A$ A$ A$ A$ A$ A$
I authorise Artvisory to register bids on a per lot basis up to the maximum price I have indicated for each lot. I will not hold Artvisory responsible for any errors that occur. I understand that if my bid is successful, the purchase price will be the sum of my final bid plus the buyer’s premium of 24% plus GST of the final hammer price plus any GST payable on the hammer price, as indicated in the catalogue. GST will be charged on the buyer’s premium. If the lot is denoted by the † symbol, GST will be charged the whole amount (hammer price + GST). If the Resale Royalty Scheme is applicable 5% will be charged on the hammer price only. The Resale Royalty Scheme is denoted by the § symbol in the catalogue. Your invoice will be emailed to the supplied email address immediately after the auction has finished and will contain all details pertaining to payment and collection.
I have read and accepted Artvisory’s terms and conditions as printed in the catalogue and online at www.artvisory.com.au. Bids will not be processed unless this form is signed. Signature
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36
Terms and Conditions of Sale The terms and conditions of sale listed here contain the policies of Artvisory Pty Ltd. They are the terms on which Artvisory Pty Ltd and the Seller contract with the Buyer. They may be amended by printed Saleroom Notices or oral announcements made before and during the sale. By bidding at auction you agree to be bound by these terms.
b)
1. Background to the Terms used in these Conditions The conditions that are listed below contain terms that are used regularly and may need explanation. They are as follows: “the Buyer” means the person with the highest bid accepted by the Auctioneer “the Lot” means any item depicted within the sale for auction and in particular the item or items described against any lot number in the catalogue. “the Hammer price” means the amount of the highest bid accepted by the auctioneer in relation to a lot
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Catalogue and other Descriptions All statements by Artvisory in the catalogue entry for the property or in the condition report, or made orally or in writing elsewhere, are statements of opinion and are not to be relied upon as statements of fact. Such statements do not constitute a representation, warranty or assumption of liability by Artvisory of any kind. References in the catalogue entry to the condition report to damage or restoration are for guidance only and should be evaluated by personal inspection by the bidder or a knowledgeable representative. The absence of such a reference does not imply that an item is free from defects or restoration, nor does a reference to particular defects imply the absence of any others. Estimates of the selling price should not be relied on as a statement that this is the price at which the item will sell or it’s value for any other purpose. Neither Artvisory nor The Seller is responsible for any errors or omissions in the catalogue or any supplemental material.
c)
Buyers Responsibility All property is sold “as is” without representation or warranty of any kind by Artvisory or the Seller. Buyers are responsible for satisfying themselves concerning the condition of the property and the matters referred to in the catalogue by requesting a condition report No lot to be rejected if, subsequent to the sale, it has been immersed in liquid or treated by any other process unless the Auctioneer’s permission to subject the lot to such immersion or treatment has first been obtained in writing.
2. Artvisory Auctions as Agent Except as otherwise stated Artvisory Pty Ltd acts as agent for the Seller.
4. At the Sale
The contract for the sale of the property is therefore made between the Seller and the Buyer.
a)
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b)
Registration before Bidding Any prospective new buyer must complete and sign a registration form and provide photo-identification before bidding. Artvisory may request bank, trade or other financial references to substantiate this registration.
3. Before the Sale Examination of Property Prospective Buyers are strongly advised to examine in person any property in which they are interested before the Auction takes place. Neither Artvisory nor the Seller provides any guarantee in relation to the nature of the property apart from the Limited warranty in the paragraph below. The property is otherwise sold “AS IS”
Bidding as a Principal When making a bid, a bidder is accepting personal liability to pay the purchase price including the buyers premium and all applicable taxes, plus all other applicable charges, unless it has been explicitly agreed in writing with Artvisory before the commencement of the sale that the bidder is acting as agent on behalf of an identified third party acceptable to Artvisory and that Artvisory will only look to the principal for payment.
d)
International Registrations All International clients not known to Artvisory will be required to scan through an accredited form of photo identification and pay a deposit at our discretion in cleared funds into Artvisory’s account at least 24 hours before the commencement of the auction. Bids will not be accepted without this deposit. Artvisory also reserves the right to request any additional forms of identification prior to registering an overseas bid. This deposit can be made using a credit card, however the balance of any purchase price in excess of $5,000 can not be charged to this card without prior arrangement. This deposit is redeemable against any auction purchase.
e)
Absentee bids Artvisory will use reasonable efforts to execute written bids delivered to us AT LEAST 24 Hours before the sale for the convenience of those clients who are unable to attend the auction in person. If we receive identical written bids on a particular lot, and at the auction these are the highest bids on that lot, then the lot will be sold to the person whose written bid was received and accepted first. Execution of written bids is a free service undertaken subject to other commitments at the time of the sale and we do not accept liability for failing to execute a written bid or for errors or omissions which may arise. It is the bidder’s responsibility to check with Artvisory after the auction if they were successful. Unlimited or “Buy” bids will not be accepted.
f)
Telephone bids Priority will be given to overseas and interstate bidders. Please refer to the catalogue for the Telephone Bids form. Arrangements for this service must be confirmed AT LEAST 24 HOURS PRIOR to the auction commencing. Artvisory accepts no responsibility whatsoever for any errors or failure to execute bids. In telephone bidding the buyer agrees to be bound by all terms and conditions listed here and accepts that Artvisory cannot be held responsible for any miscommunications in the process. The success of telephone bidding cannot be guaranteed due to circumstances that are unforeseen. Buyers should be aware of the risk and accept the consequences should contact be unsuccessful at the time of Auction. You must advise Artvisory of the lots in question and you will be assumed to be a buyer at the minimum price of 75% of estimate (ie. reserve) for all such lots. Artvisory will advise Telephone Bidders who have registered at least 24 hours before the auction of any relevant changes to descriptions, withdrawals or any other sale room notices.
Foreign buyers should note that all transactions are in Australian dollars so there may be a small exchange rate risk. The costs associated with acquiring a good certificate will be carried by the purchaser. If the item turns out to be forged or otherwise incorrectly described, all reasonable costs will be borne by the vendor.
All values expressed in Artvisory Pty Ltd catalogues (in any format) are in Australian Dollars (AU$). All bids, “hammer price”, “reserves”, “Buyers Premium” and other expressions of value are understood by all parties to be in Australian Dollars (AU$) unless otherwise specified.
a)
c)
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G) Online Bidding Artvisory offers an online bidding service via Invaluable.com. When bidding online the buyer agrees to be bound by all terms and conditions listed here by Artvisory and agrees to pay any fees charged in regard to any purchases made via Invaluable.com. Artvisory accepts no responsibility for any errors, failure to execute bids or any other miscommunications regarding this process. It is the online bidder’s responsibility to ensure the accuracy of the relevant information regarding bids, lot numbers and contact details.
5. After the Sale a)
Buyers Premium In addition to the hammer price, the buyer agrees to pay to Artvisory the buyer's premium. The buyer’s premium is 24% of the hammer price plus GST. (Goods and Services Tax) where applicable.
b)
Payment and passing of title The buyer must pay to the company trust account managed by KK Partners Pty Ltd Chartered Accountants the full amount due (comprising the hammer price, buyer's premium and any applicable taxes and GST) not later than 3 days after the auction date.
H) Reserves Unless otherwise indicated, all lots are offered subject to a reserve, which is the confidential minimum price below which the Lot will not be sold. The reserve will not exceed the low estimate printed in the catalogue. The auctioneer may open the bidding on any Lot below the reserve by placing a bid on behalf of the Seller. The auctioneer may continue to bid on behalf of seller up to the amount of the reserve, either by placing consecutive bids or by placing bids in response to other bidders. I)
J)
The buyer will not acquire title for the lot until Artvisory receives full payment in cleared funds, and no goods under any circumstances will be released without confirmation of cleared funds received. This applies even if the buyer wishes to send items interstate or overseas. Payment can be made by direct transfer, cash (not exceeding $5,000AUD, if wishing to pay more than $5,000AUD then this must be deposited directly into the company trust account and bank receipt supplied) and Eftpos (please check your daily limit). Payments can also be made by credit card in person with a 1.3% (inc GST) merchant fee for Visa and Mastercard and 2% (inc GST) for American Express. Credit card payments where the card-holder is not present, can not be accepted unless a scanned image of the card and signature is supplied (that corresponds with the supplied signature on the bidding or registration forms). Personal cheques are only accepted with prior arrangement and funds must be cleared before goods will be released. Bank cheques are subject to three days clearance.
Auctioneers Discretion The Auctioneer has the right at his absolute and sole discretion to refuse any bid, to advance the bidding in such a manner as he may decide, to withdraw or divide any lot, to combine any two or more lots and, in the case or error or dispute and whether during or after the sale, to determine the successful bidder, to continue the bidding, to cancel the sale or to re-offer and resell the item in dispute. If any dispute arises after the sale, then Artvisory’s sale record is conclusive. Successful bid and passing of risk Subject to the auctioneer’s discretion, the highest bidder accepted by the auctioneer will be the buyer and the striking of his hammer marks the acceptance of the highest bid and the conclusion of a contract for sale between the Seller and the Buyer. Risk and responsibility for the lot (including frames or glass where relevant) passes immediately to the Buyer.
The buyer is responsible for any bank fees and charges applicable for the transfer of funds into Artvisory’s company trust account. c)
K) Indicative Bidding steps, etc. Artvisory reserves the right to refuse any bid, withdraw any lot from sale, to place a reserve on any lot and to advance the bidding according to the following, at the auctioneers discretion: Increment Amount
Dollar Range
$20
$0–$500
$50
$500–$1,000
$100
$1,000–$2,000
$200
$2,000–$5,000
$500
$5,000–$10,000
$1,000
$10,000–$20,000
$2,000
$20,000–$50,000
$5,000
$50,000–$100,000
$10,000
$100,000–$200,000
$20,000
$200,000–$500,000
$50,000
$500,000–$1,000,000
Absentee bids must follow these increments and any bids that don’t follow the steps will be rounded up to the nearest acceptable bid.
Collection of Purchases & Insurance Artvisory is entitled to retain items sold until all amounts due to us have been received in full in good cleared funds. Subject to this, the Buyer shall collect purchased lots within 3 days from the date of the sale unless otherwise agreed in writing between Artvisory and the Buyer. At the fall of the hammer, insurance is the responsibility of the purchaser.
d)
e)
Packing, Handling and shipping Artvisory will be able to suggest local, national and international carriers and takes no responsibility whatsoever for the actions of any recommended third party carrier. Artvisory can pack and handle goods purchased at the auction by agreement, however will take no responsibility for damage, a charge may be made for this service. All packing, shipping, insurance, postage & associated charges will be borne by the purchaser. Cultural heritage Export Licences Unless otherwise agreed by us in writing, the fact that the buyer wishes to apply for an export licence does not affect his or her obligation to make full payment immediately, nor our right to charge interest or storage charges on late payment. It is the Buyer’s responsibility to check Australia’s Protection of Moveable Cultural Heritage Act 1986 before purchase. If the Buyer requests Artvisory to apply
for an export licence then we shall be entitled to charge a fee for this service. We shall not be obliged to rescind a sale nor to refund any interest or other expenses incurred by the Buyer where payment is made by the Buyer in circumstances where an export licence is not granted. f)
Remedies for non-payment If the Buyer fails to make full payment immediately, Artvisory is entitled to exercise one or more of the following rights or remedies (in addition to asserting any other rights or remedies available under the law) i)
to charge interest at such a rate as we shall reasonably decide
ii)
to hold the defaulting Buyer liable for the total amount due and to commence legal proceedings for it’s recovery along with interest, legal fees and costs to the fullest extent permitted under applicable law
iii)
to cancel the sale
iv) to resell the property publicly or privately on such terms as we see fit v)
to pay the Seller an amount up to the net proceeds payable in respect of the amount bid by the defaulting Buyer. In these circumstances the defaulting Buyer can have no claim upon Artvisory in the event that the item(s) are sold for an amount greater than the original invoiced amount.
vi) to set off against any amounts which Artvisory may owe the Buyer in any other transactions, the outstanding amount remaining unpaid by the Buyer. vii) where several amounts are owed by the Buyer to us, in respect of different transactions, to apply any amount paid to discharge any amount owed in respect of any particular transaction, whether or not the Buyer so directs. viii) to reject at any future auction any bids made by or on behalf of the Buyer or to obtain a deposit from the Buyer prior to accepting any bids. ix) to exercise all the rights and remedies of a person holding security over any property in our possession owned by the Buyer whether by way of pledge, security interest or in any other way, to the fullest extent permitted by the law of the place where such property is located. The Buyer will be deemed to have been granted such security to us and we may retain such property as collateral security for such Buyer’s obligations to us. x)
to take such other action as Artvisory deem necessary or appropriate If we do sell the property under paragraph (iv), then the defaulting Buyer shall be liable for payment of any deficiency between the total amount originally due to us and the price obtained upon reselling as well as for all costs, expenses, damages, legal fees and commissions and premiums of whatever kinds associated with both sales or otherwise arising from the default. If we pay any amount to the Seller under paragraph (v) the Buyer acknowledges that Artvisory shall have all of the rights of the Seller, however arising, to pursue the Buyer for such amount.
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g)
Failure to collect purchases Where purchases are not collected within 3 days from the sale date, whether or not payment has been made, we shall be permitted to remove the property to a warehouse at the buyer’s expense, and only release the items after payment in full has been made of removal, storage handling, insurance and any other costs incurred, together with payment of all other amounts due to us.
6. Extent of Artvisory Liability Artvisory agrees to refund the purchase price in the circumstances of the Limited Warranty set out in paragraph 7 below. Apart from that, neither the Seller nor we, nor any of our employees or agents are responsible for the correctness of any statement of whatever kind concerning any lot, whether written or oral, nor for any other errors or omissions in description or for any faults or defects in any lots. Except as stated in paragraph 7 below, neither the Seller ourselves, our officers, agents or employees give any representation warranty or guarantee or assume any liability of any kind in respect of any lot with regard to merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition history, literature or historical relevance. Except as required by local law any warranty of any kind is excluded by this paragraph.
7. Limited Warranty Subject to the terms and conditions of this paragraph, the Seller warrants for the period of thirty days from the date of the sale that any property described in this catalogue (noting such description may be amended by any saleroom notice or announcement) which is stated without qualification to be the work of a named author or authorship is authentic and not a forgery. The term “Author” or “authorship” refers to the creator of the property or to the period, culture, source, or origin as the case may be, with which the creation of such property is identified in the catalogue. The warranty is subject to the following: i)
ii)
iii)
it does not apply where a) the catalogue description or saleroom notice corresponded to the generally accepted opinion of scholars and experts at the date of the sale or fairly indicated that there was a conflict of opinions, or b) correct identification of a lot can be demonstrated only by means of a scientific process not generally accepted for use until after publication of the catalogue or a process which at the date of the publication of the catalogue was unreasonably expensive or impractical or likely to have caused damage to the property. the benefits of the warranty are not assignable and shall apply only to the original buyer of the lot as shown on the invoice originally issued by Artvisory when the lot was sold at Auction. the Original Buyer must have remained the owner of the lot without disposing of any interest in it to any third party
iv) The Buyer’s sole and exclusive remedy against the Seller in place of any other remedy which might be available, is the cancellation of the sale and the refund of the original purchase price paid for the lot less the buyers premium which is non refundable. Neither the Seller nor Artvisory will be liable for
v)
any special, incidental nor consequential damages including, without limitation, loss of profits not for interest.
Overseas buyers and buyers non-resident in Australia will not be charged GST on both hammer price and premiums under the following conditions:
The Buyer must give written notice of claim to us within thirty days of the date of the Auction. The Seller shall have the right, to require the Buyer to obtain two written opinions by recognised experts in the field, mutually acceptable to the Buyer and Artvisory to decide whether or not to cancel the sale under warranty.
1.
The items are exported through a Artvisory approved freight company including Australia Post
2.
The items are exported within 60 days of the date of the sale
The invoice supplied by Artvisory for purchases will be regarded as a Tax invoice for GST purposes.
vi) the Buyer must return the lot to Seller in the same condition that it was purchased.
14. Resale Royalty Scheme
8. Severability
Under the legal obligations of the Resale Royalty Scheme for Visual Artists Act 2009, sellers must provide the following information to comply with the act:
If any part of these Conditions of Sale is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of the Conditions shall continue to be valid to the fullest extent permitted by law.
9. Copyright The copyright of all images, illustrations and written material produced by Artvisory relating to a lot including the contents of this catalogue, is and shall remain the property at all times of Artvisory and shall not be used by the Buyer, nor by anyone else without our prior written consent. Artvisory and the Seller make no representation or warranty that the Buyer of a property will acquire any copyright or other reproduction rights in it.
10. Law and Jurisdiction These terms and conditions and any matters concerned with the foregoing fall within the exclusive jurisdiction of the courts of the state in which the auction is held.
11. Pre-Sale Estimates Artvisory publishes with each catalogue our opinion as to the estimated price range for each lot. These estimates are approximate prices only and are not intended to be definitive. They are prepared well in advance of the sale and may be subject to revision. Interested parties should contact Artvisory prior to auction for updated pre-sale estimates and starting prices.
12. Sale results Artvisory will provide auction results, which will be available as soon as possible after the sale. Results will include buyer’s premium. These results will be posted at www.artvisory.com.au.
13. Goods and Service Tax In accordance with A New Tax System (Goods and Services Tax) Act 1999 Artvisory Auctions will collect on behalf of the Australian tax office (ATO) a Goods and Service Tax (GST) of 10% on all applicable transactions. GST is applicable on the hammer price in the case where the seller is selling property that is owned by an entity registered for GST. GST is also applicable on the hammer price in the case where the seller is not an Australian resident. These lots are denoted by a dagger symbol † placed next to the estimate. GST is also applicable on the buyer’s premium.
•
was the artwork acquired after 8 June 2010?
•
is the sale/reserve price (including GST) $1,000 or more?
•
is the artist from Australia or a country listed in the Regulations to the Act?
•
is the artist alive, or deceased less than 70 years?
The seller: i)
acknowledges that he or she understands his or her legal obligations under the Resale Royalty for Visual Artists Act 2009 (the Act);
ii)
undertakes to comply with all requirements of the Act, including by providing its agent, the company, with accurate information sufficient for compliance with sections 28 and 29 of the Act;
iii)
undertakes to indemnify the company for any loss incurred by the company as a result of the vendor’s failure to comply with any of the vendor’s legal obligations under the Act; and
iv) acknowledges that if he or she fails to comply with any of his or her legal obligations under the Act, the company may provide the vendor’s name and contact details to Copyright Agency Limited (CAL). Lots subject to payment of the Resale Royalty Scheme will be denoted by the §. The Australian Resale Royalty is a flat rate of 5% on the hammer price (including GST). The Australian Resale Royalty is payable by the buyer in addition to the buyers premium plus any applicable GST.
409 Malvern Road South Yarra Victoria 3141 www.artivsory.com.au