The History of Yaloak Estate, Fiskville, Victoria
Bacchus Marsh Express (Vic.: 1866-1943), Saturday 14 January 1888, page 3
BALLAN
(from our own correspondent)
The new house in course of erection for Messrs. M.M and B.B Mogg at the northern end of their Yaloak Vale Estate, is well towards completion, and will be a comfortable and commodious homestead, as well as a handsome and agreeable break to the somewhat dreary and monotonous scenery amongst which it is built.
It lies about five miles from the township of Ballan, nearly due south , about ten chains in from the three chains road lending past the old cemetery and Mr G. Sutherlands farm.
It has an easterly and northerly aspect, and though still so far unfinished that the main building has not received the roof, it presents a striking picture in the open and un-timbered country and one that can be seen at a considerable distance. Though the surrounding country is at present bare of timber, the Messrs. Mogg have wisely planted round the large paddock in which the house stands hundreds of your trees of various sorts, besides a number of plantations scattered here and there through the paddock, and securely fenced in.
In the course of a few years these young trees surrounding the house and grounds will greatly beautify the homestead, besides providing a much needed shelter. The architects for the building are Messers. Packer and M. Mullen, of Melbourne: and by the courtesy of Mr Mullen, and of Mr John Moran of Ballan, the contractor, I gained the following information respecting the house.
It is a two storied bluestone base, which stands three feet above the surface : it is cemented outside, with a slate roof, and has a verandah nine feet wide round three sides, and a balcony
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over the east or main front. The ground floor contains the porch, which has a lofty archway, and is approached by three dressed bluestone steps leading into the entrance hall nine feet wide, which leads into another hall or vestibule also nine feet wide. The drawing room, 24 x 16 : dining room, 27 x 18, study and parlour, each 14 feet square: kitchen, 17 x 14 servants rooms, pantries, scullery and out office are all on the ground floor. The main staircase ascends from the second vestibule, and there is another one leading from the back for the servants. The first floor contains a bedroom 24 x 16: and four others about 14ft square, servants bedrooms, bathrooms and a corridor. All the bedrooms will supplied by pipes with hot and cold water. The cistern is fitted a little below the level of the roof and will be supplied when necessary by a force pump. The walls of all rooms on both floors are thirteen feet clear. All the windows in the upstairs are of stained glass of various tasteful designs, and all chimneys will be octagon shaped. About 160,000 bricks have been used in the building and have been all made on the ground.
The contractor has been both unfortunate and lucky in respect to the bricks- unfortunate as much as his first firing, which comprised about 80,000 proved worthless, and lucky
that, in trying another part of the paddock, he discovered some splendid clay, which has turned out an article equal to the best Ballarat bricks, and of which the architect has said he never saw better in any building. The styles of architecture is that professionally known as domestic Gothic, and the estimated cost of the building is (£3,000).
The above information is volunteered to the readers of the Express because is considered that the erection of such a building (small, of course, compared with the pretentious mansions built by the leviathan graziers in other parts of the colony) possesses some local public interest in a small community like this, and in a district where good houses are the exception rather than the rule, and also because the of Mr. M.M Mogg is identified , since he came to this district , with a generous and consistent support of all public matters of a beneficial nature. It may be that the work, up to the present, has been turned out by Nr. Moran and the various trades-men working for him, to the complete satisfaction of the architects. It would be to the advantage of this district if it contained a few more examples of Messers. Packer and M.Mullen’s professional handiwork.
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300
300
DAVID DAVIES (1864-1939)
Moonlit landscape oil on canvas signed lower right 25.5 x 34cm $6,000–8,000
301
ETHEL CARRICK FOX (1872-1952)
Harbour scene, France oil on artist's board signed lower right labelled: With Lauraine Diggins, Melbourne 21.5 x 15cm $2,500–3,500
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302
EDWARD
SEAGO (BRITISH 1910-1974)
Street Corner Dieppe oil on board signed lower left 35 x 26cm $8,000–12,000
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303
THOMAS (TOM) WILLIAM ROBERTS (1856-1931)
The Cabbage Patch Harbour landscape to verso oil on board, unsigned 15 x 33cm
ILLUSTRATED
Topliss H. Tom Roberts 1856-1931. A Raissone. Vol 2 Plates. plate no. 54. Fig 121 and 121v.
PROVENANCE
Tom Roberts
– Caleb Roberts (his son)
– Noel Roberts (his son)
– Given to a family friend, circa 1958 – Peter Yunghanns
EXHIBITED
Possibly August 1889, 9 by 5 Impression Exhibition, No 153, In a garden by the sea $40,000–60,000
In 1869, at the age of 13, Tom Roberts moved with his family from England to Melbourne. As a teenager he worked as a photographer’s assistant during the day while studying art at night and eventually began classes at the National Gallery School in 1874.
After finishing his studies, he was encouraged by his teachers to train overseas and the School awarded him a travel bursary. Roberts was one of the first Australian artists selected to study at the prestigious Royal Academy of Arts in London.
While travelling and painting in Europe between 1881 and 1885. Tom Roberts met the artists Ramon Casas and Laurea Barrau in Spain who introduced him to Impressionism. Impressionism was a new and exciting art form sweeping the world in the late 19th century. It originated in France but quickly spread across Europe in the 1870’s and 1880’s. Impressionists focused on quickly rendering the transient light and colour of a scene using rapid, loose brushstrokes to highlight the immediacy of the impression
Excited by what he was and now back in Australia in 1885, Tom Roberts inspired a group of artists willing to experiment with new forms of painting and that year Roberts, Coder and Streeton decided to hold an exhibition of their work. They named it the 9 by 5 Impression Exhibition, as the majority of the works were painted on nine-by-five-inch wooden boards, many of which were cigar box lids. The small size meant the
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paintings could be priced to make them accessible to the general public. It was the first major exhibition of Impressionist paintings in Australia. Initially the artists intended to stage the show in Roberts’ studio, but changed the venue to Buxton Galleries on Swanston Street. It was a larger space located in Melbourne’s most popular gallery and artistic supply store.
The show opened on 17 August 1889 and featured 183 works, the majority created by Roberts, Conder and Streeton. The paintings’ subject matter varied widely from idyllic landscapes around the rural outskirts of Melbourne to atmospheric city views, figurative work and crowd scenes. Particular attention was paid to the presentation of the gallery. The paintings were mounted with simple wooden frames rather than the more common gilt frames and the space was decorated with silk scarves and drapes, Japanese umbrellas, screens and vases.
Despite receiving a mixed reaction at the time, as the works challenged their then conservative audience, over 80 paintings had sold by the exhibition’s end and the rest were auctioned off after closing. The show was a resounding financial success for the artists.
Roberts, Conder and Streeton went on to become key figures in the ‘Heidelberg School’ in 1891. This was the first truly Australian art movement.
Paintings from the 9 by 5 Impression Exhibition are held mostly in major public galleries and important private art collections.
Helen Topliss in her catalogue raisonne on the artist – Tom Roberts (18561931) volume 1 and 2 Suggests that this work, which illustrates both the vegetable patch painting on the front of the panel and the seascape on the reverse, could well be the work titled In a garden by the sea that was included as no. 153 in the 9 by 5 exhibition of 1889.
Tom Roberts, photographic portrait, Melbourne, circa 1900
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ALBERT NAMATJIRA (1902-1959)
The Macdonnell Ranges watercolour signed lower right 34 x 51cm $20,000–30,000
304
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305
THEODORE PENLEIGH BOYD (1890-1923)
Mornington Peninsula coastline oil on board signed lower right 38 x 44.5cm $30,000–50,000
Penleigh Boyd was born in England, at Wiltshire on 15 august 1890, to his parents Emma Minnie Boyd and Arthur Merric Boyd. Born into a family that would assume a dynastic importance within the history of Australian art, Penleigh showed very early promise, as he had a great talent for drawing.
In his early years he travelled to the artist’s commune of St Ives in Cornwall where he mingled with many leading Australian artists of the day, such as John Peter Russell and Emanuel Phillips Fox. Later on in Paris, Penleigh would become neighbours to Emanuel Phillips Fox and through him, Penleigh would meet the woman that was to become his wife Edith Anderson, who, as well as being a favoured model for Phillips Fox, was also an artist in her own right.
One of the highest accolades for the young Penleigh Boyd, was having his painting ‘Springtime at St Ives’ chosen for the Royal Academy of Arts 1912 exhibition.
However his formative career as a painter was cut short at the outbreak of the first world war, where he was drafted for service. Ultimately the young Penleigh was gassed at Ypres and he was given a medical discharge towards the end of the war. He was left scarred, both physically and mentally and some say he never fully recovered from the horrors of the war that he witnessed first-hand.
Back in Australia, Penleigh resumed his painting career and for the years 1919-1922 he painted around the environs of where he lived and widely around the Victorian coastline, most notably around the Mornington Peninsula. Sandringham was a popular spot for the artist to paint plein-air, where he had family living.
Penleigh married Edith Anderson in 1919. Their marriage, while turbulent, resulted in two children: Pat, who had a distinguished career in the Air Force, and Robin, who became the most celebrated architect of his day, ultimately receiving a CBE for his services to the profession. Resuming his career as an artist after the war, Penleigh quickly reemerged staging solo shows each year from 1919-1922, where he sold a lot of work, as his reputation grew and grew.
In mid 1922, Penleigh Boyd was asked to organise The European Art Exhibition for Australia, for which he travelled to Europe, curating the content for this significant exhibition. When it eventuated in 1923, the exhibition was staged in Sydney and then in Melbourne and it drew large crowds and cemented Penleigh’s name further in the art circles of the day. However, Penleigh Boyd’s career and life was tragically cut short, when he was killed in a terrible car accident, driving his brand new Hudson tourer vehicle to Sydney, which he drove off the road on 28 November 1923. Penleigh was trapped under the vehicle in a ditch and his injuries were too severe for him to survive.
Penleigh Boyd is known for his mastery of light both in oils and watercolours and his Mornington Peninsula coastal scenes in oils must rank amongst his finest works, where the dazzling light and picturesque coast-line is captured brilliantly by the vitality of his brush-strokes.
It is tempting to think that this stunning work might have been included in one of the artist’s solo shows between 1919-1922. Stylistically one would think it may have been created around 1920/21 when he painted his most masterly works around Portsea and along the bay-side coast-line to Sandringham and Brighton.
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ALBERT HENRY FULLWOOD (1863-1930)
An Australian River oil on board signed A H Fullwood lower left 29 x 60cm $40,000–60,000 (See following essay)
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A.H. Fullwood’s An Australian River
By Dr Gary Werskey
Fig. 1. A. Henry Fullwood, An Australian River, 1896, oil on panel, 29 x 60cm. Private collection.
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Overview
I can confidently confirm that the painting in question is A. Henry Fullwood’s An Australian River (Fig. 1). It is no coincidence that this work bears a strong resemblance to Arthur Streeton’s 1896 paintings The River and The Purple Noon’s Transparent Might. Both Fullwood and Streeton painted these scenes sometime between mid-January and mid-February 1896 when they were staying in Richmond at their patron George Matcham Pitt’s Sunnyside estate.
Fullwood’s painting was first shown on 13 March 1896 at the opening of the NSW Society of Artists’ Autumn Exhibition and bought by the NSW Governor Lord Hampden when he visited the show on March 20. Streeton’s two now iconic works were not exhibited until the Society of Artists’ Spring exhibition in September 1896.
There is then a gap of 90 years in the provenance records. Fullwood did show a painting entitled The Hawkesbury River NSW at the Grafton Gallery ‘Exhibition of Australian Art’ in London in 1898, but whether it was the work in question — An Australian River — is unclear. The next time it does surface is at an auction in Melbourne on 30 July 1986, this time labelled as The Hawkesbury
Though smaller than Streeton’s pictures and painted from a different vantage point, Fullwood’s An Australian River offers an equally compelling mid-day evocation of the spacious valley on a blistering hot summer’s day. His side-long view of the river as it wends its way between the fields on one side and paddocks on the other adds to the rhythmic vigour of this work.
Fullwood, Streeton and the Hawkesbury1
Streeton first met Fullwood in 1890, and a year later they were camping together in Sirius Cove with Tom Roberts. That was the beginning of this trio’s three-decade friendship, which was built on their sharing patrons and tradecraft, working to establish the NSW Society of Artists in 1895, supporting each other when they all decamped to London and serving together during the First World War as medical orderlies and later — in Fullwood’s and Streeton’s case — as official war artists.
It was Fullwood who introduced Streeton to his important Hawkesbury patrons, Phillip Charley and George Matcham Pitt. Fullwood was
especially close to the Pitt family, to the point where patron and artist could be found holidaying together in Tasmania in 1894. Two years later Fullwood and Streeton were such fixtures at Sunnyside that they not only signed on as art judges at the Hawkesbury show but were honoured guests at the wedding of Pitt’s daughter as well.
So it was no surprise that both men would find themselves staying at Sunnyside and painting together on the Hawkesbury during a recordbreaking heat wave in January 1896.2
A further confirmation of the two artists’ deep connections to each other, the Pitt family and their work together by the river came in the form of a watercolour Fullwood created for Streeton in January 1897, just before Streeton left Sydney for London (Fig. 2). Entitled The Hawkesbury River from Pitt’s Hill, it is dedicated to ‘my friend Streeton on his departure for healthier climes’ and signed ‘Yours very sincerely “Every time, Sir”, A. Henry Fullwood.’
The NSW Society of Artists
Fullwood was the driving force behind the exodus in 1895 of most of Sydney’s leading professional artists from the Art Society of New South Wales to establish the NSW Society of Artists. Tom Roberts was elected as President, while Fullwood and Streeton served on the committee. Its first exhibition in September of 1895 (opened by Sir Henry Parkes) was an unqualified critical if not financial success.
One motive for the new society’s formation was the parlous state of the Sydney art market. In response, the Society of Artists’ committee decided in February 1896 to mount an Autumn Exhibition a month later consisting of works no larger than 18 x 24 inches (45 x 60 cm). As reported in the Sydney Morning Herald, this was in response to ‘complaints … made in the past that the artists have painted canvases that are too large and, in most cases, beyond the means of the average buyer.’ By offering ‘pictures of a size suitable for a drawing room … the art-loving public will, it is expected, prove ready purchasers.’3 Back on the Hawkesbury, Fullwood and Streeton were only too happy to oblige. However, Streeton’s The River and Purple Noon were too large — 61 x 81 and 123 x 123 cm, respectively — to be included in this show.
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An Australian River at the Autumn Exhibition
Fullwood and Streeton were well represented in this exhibition. (Fullwood also designed the exhibition catalogue’s cover.)4 Streeton’s works mainly featured Richmond and the Hawkesbury region, while Fullwood’s encompassed work from Port Macquarie, Cape Hawke and Sydney, as well as the Richmond area, including the novelty of an etching of the old Black Horse Inn (priced at one guinea). The Daily Telegraph’s critic complimented both Streeton — ‘he seldom touches canvas but to adore it’ — and Fullwood — ‘he has seldom shown better work. His skies and seas have all the transparency of watercolours, and more than their brilliance.’5
By common consent, Fullwood’s finest work was An Australian River, described as follows.
• Fullwood’s ‘chief contribution is An Australian River, the blue water winding from the distant range through the yellow-green herbage of the heated fields — a clever work, though lacking detail in the right foreground.’6
• ‘An Australian River (No. 24) is Mr Fullwood’s principal work. A treegirt blue stream meanders through undulating meadows, steeped in warm sunlight, while in the distance smoke rises as from some burning timber. The colour scheme is remarkably fine, and the picture shows vigorous handling.’7
• ‘The completest landscape is An Australian River (24), winding through a wide and fertile valley, beautifully painted by Mr A.H. Fullwood.’8
These first-hand descriptions confirm that the picture under review is An Australian River. Its dimensions are also within the exhibition’s size requirements. But what finally clinches this attribution is the inscription on the painting’s verso in Fullwood’s hand: ‘An Australian River/A. Henry Fullwood/£10-10-0).’9 Hence the appearance of ‘Richmond’ under Fullwood’s signature in the lower left-hand corner is simply a designation of place rather than the title of this work.
Provenance
As it happens, we also know An Australian River’s first owner. His excellency the NSW Governor, Lord Hampden, visited the Society of Artists’ exhibition on 20 March 1896 and was greeted by Tom Roberts, Fullwood and other committee members (but not Streeton). ‘Before leaving, Lord Hampden purchased An Australian River (Fullwood), and Black Horse [Inn] at Richmond (Fullwood), and Miss [Alice] Norton’s watercolour On the Winburndale.’10 Perhaps Streeton should have turned up, if only to draw attention to his watercolour of The Arrival of Governor Hampden, ‘a quiet, soft and pleasing view of our beautiful harbour.’11
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Fig. 2. A. Henry Fullwood, The Hawkesbury River from Pitt’s Hill, 1897. Watercolour on paper, 33 x 28. Macquarie University Art Gallery: gift of Denis Savill.
It would be another 90 years before An Australian River resurfaced at a Sotheby’s auction in Melbourne on 30 July 1986, now rebadged as The Hawkesbury. (Fullwood did show a picture entitled The Hawkesbury River NSW at the Grafton Gallery’s 1898 ‘Exhibition of Australian Art’ in London, but there is no way to authenticate whether it was An Australian River.) It was offered with an estimated value of $28,000 to $35,000 but in fact fetched $80,000 ($88,000 including the premium). This was by far the highest amount paid for a small Fullwood oil to that point and has not been exceeded since. No wonder Sotheby’s house copy of the catalogue has an exclamation point pencilled beside the final price.12
The work’s historical and aesthetic significance
The juxtaposition of Fullwood’s An Australian River with Streeton’s The River and his iconic Purple Noon’s Transparent Might — together with Fullwood’s watercolour celebrating their time together on the Hawkesbury — confirms the importance not only of their friendship but of their mutual influence on each other’s art as well. Commentaries on Streeton’s career and, more particularly, his Hawkesbury paintings have largely failed to mention Fullwood at all. When Fullwood’s work in the 1890s has come to light, it has been seen as reflecting Streeton’s influence.
In fact, as I’ve argued in my Fullwood biography, these two young landscapists — Fullwood was only 27 and Streeton 23 when they first met in 1890 — learned a great deal from each other. While Fullwood’s spatial mastery of distant vistas was already evident in the mid-1880s, it would not become such a hallmark of Streeton’s work until after he moved to Sydney in 1891. On the other hand, Streeton’s prowess as an oil painter freed up Fullwood’s own brushwork in the 1890s. And, while both men were accomplished colourists and plein air painters, it was also true that the higher key of Streeton’s palette would soon find its way into Fullwood’s work. So is it any wonder that their Hawkesbury paintings of 1896 would evince such a strong family resemblance?
An Australian River is therefore a work of great historical significance in highlighting the Importance of both the Fullwood-Streeton relationship and Fullwood’s own work on the Hawkesbury.
About the author
Dr Gary Werskey is a Harvard-trained cultural historian of art and science. His most recent work is Picturing a Nation: The art & life of A.H. Fullwood (Sydney: NewSouth Books, 2021).
Endnotes
1 Unless otherwise indicated, the evidence on which this report is based can be found in my Picturing a Nation: The art & life of A.H. Fullwood (Sydney: NewSouth Books, 2021), esp. Chapters 6-7.
2 See ‘Hawkesbury Views,’ Windsor and Richmond Gazette, 21 March 1896, 6. Accounts of the January heatwave can be found at: https://www.dailymail.co.uk/ news/article-4221366/Heatwave-January-1896-hit-49-degrees-killed-437-people.html; and https://trove.nla.gov.au/newspaper/article/64889112
3 ‘The Society of Artists Smoke Night,’ Sydney Morning Herald, 20 February 1896, 5.
4 Unfortunately, ongoing building works at both the Art Gallery of NSW and the National Library of Australia prevented me from viewing and photographing this catalogue.
5 ‘Society of Artists, an intermediate exhibition’, Daily Telegraph, 13 March 1896, 6.
6 ‘Society of Artists Autumn Exhibition,’ 13 March 1896, 6.
7 See note 3 above.
8 ‘Society of Artists, a nice show of pictures’, Sunday Times, 15 March 1896, 2.
9 Vanessa Kowalski, Assessment of inscription - painting on panel, ‘Richmond’, by A. H. Fullwood, University of Melbourne, Grimwade Conservation Services, March 2022, 18.|
10 ‘Society of Artists’, Sydney Morning Herald, 21 March 1896, 9.
11 See note 6 above.
12 Sotheby’s Australia, Fine Australian Paintings and Drawings, Melbourne, 30 July 1986, Lot No. 146. My thanks to Smith & Singer’s David MacKay for pictures of Sotheby’s house catalogue.
Kindly reproduced with the permission of Dr Gary Werskey.
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307
JAMES ALFRED TURNER (1850-1908)
Landscape with Figures and a Haycart on a track oil on canvas board signed lower left and dated 1906 35 x 24cm
$3,000–5,000
308
LAURENCE FINNEY (BORN 1939)
In the Grampians oil on board signed lower right and titled to verso 19 x 24cm $100–200 Illustrated at artvisory.com.au
309
LAURENCE FINNEY (BORN 1939)
Near Toolern Vale oil on board signed lower right and titled to verso 18 x 24cm $100–200 Illustrated at artvisory.com.au
310
VICTOR ALEXANDER ZELMAN (1977-1958)
Country road with local store oil on board signed lower left 29 x 39cm
$150–250 Illustrated at artvisory.com.au
311
ROBERT SIMPSON (BORN 1955) Storm study Wodonga oil on board, signed lower left 19 x 31cm
$150–250 Illustrated at artvisory.com.au
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312
WILLIAM BECKWITH MCINNES (1889-1939)
The Old Farm or Farmhouse in Heidelberg oil on canvas signed lower left and indistinctly titled lower right and titled to verso 53 x 78cm
$5,000–8,000
313
JOHN WILLIAM TRISTRAM (1870-1938)
Moonlit landscape with river, 1922 watercolour signed and dated lower right 25 x 26cm $500–800 Illustrated at artvisory.com.au
314
SAM BROADHURST (WORKING 1980-2010)
Landscape with waterfall watercolour signed lower right 57 x 37cm
$200–300 Illustrated at artvisory.com.au
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312
316 315
315
JAMES WALTHAM CURTIS (1839-1901)
On the road, Fernshaw oil on board initialled lower left and dated 88 and inscribed in ink to verso (see photographs) 26 x 19cm $4,000–6,000
316
JAMES R JACKSON (1882-1975)
Mountainous landscape with river oil on canvas signed and dated indistinctly possibly 34 lower left 48 x 58cm $2,500–3,500 24
317
ALBERT HENRY FULLWOOD (1863-1930)
Government House Melbourne 1889 watercolour signed lower left and inscribed lower right 14 x 23cm
$1,500–2,500
This is the original watercolour for one of the postcard series of Australian scenes that Fullwood produced for Raphael Tuck and Co in London around 1906.
318
JOHN WILLIAM (WILL) ASHTON (1881-1963)
Sydney harbour oil on board signed lower right 28 x 38cm
$1,000–1,500 Illustrated at artvisory.com.au
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319
ARTIST UNKNOWN C.M Polo Tournament oil on panel initialled lower left 18.5 x 38cm $600–800
320 ALAN GRIER Sailing on Sydney harbour oil on board signed lower left 43 x 53cm $1,000–2,000
319 320 26
321
ARTIST UNKNOWN
C.M Polo Tournament oil on panel initialled lower left 18.5 x 38cm
$600–800
322
WILLIAM RICKETTS (1899-1993)
a ceramic sculpture of a human headed kangaroo 10cm high $400–600 Illustrated at artvisory.com.au
323
WILLIAM RICKETTS (1899-1993)
a ceramic pen-tray with indigenous face unsigned 25cm long $500–800 Illustrated at artvisory.com.au
324
WILLIAM RICKETTS (1899-1993)
a green glazed ceramic plant form dish with a naked indigenous woman at the branch form handle 40cm long $800–1,000 Illustrated at artvisory.com.au
325
AFTER FREDERICK WOODHOUSE (1820-1909)
The Start of the Second Melbourne Cup 1862
coloured print by the VRC 1978 no 149 image size 40 x 76cm $200–300 Illustrated at artvisory.com.au
326
YONG MUN SEN (VIETNAMESE, 1896-1962)
Island scenes Two watercolours signed lower right $1,000–1,500 Illustrated at artvisory.com.au
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327 LANCE VAIBEN SOLOMON (1913-1989)
August moon oil on board signed lower right and titled to verso 24 x 29cm $300–500
328
NORMAN BEATTY CATHCART (1909-1970) The Roadway, 1938 oil on canvas signed and dated lower right and inscribed to verso 36 x 51cm $600–900
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329
WILLIAM DUNN KNOX (1880-1945)
Flinders Street Station oil on artist's board signed lower right 23 x 32cm
$1,500–2,500
330
LEON WILLIAM HANSON (1918-2011)
Afternoon Sky near Bungendore ACT oil on board signed lower right and titled to verso 39 x 49cm
$150–300 Illustrated at artvisory.com.au
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331
ARTHUR ESAM (1850-1934)
Horse and cart and master of the hounds watercolour signed lower right 19 x 23cm $300–400
332
ARTHUR ESAM (1850-1934) Man on horseback watercolour signed in pencil lower right and titled indistinctly 20 x 17cm $300–500
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333
BENJAMIN EDWIN MINNS (1864-1937)
Drover with cattle watercolour signed lower right and dated 1931 36 x 53cm $2,000–3,000
334
JULIAN ROSSI ASHTON (1851-1942)
Estuary scene with ladies on the beach and a man fishing watercolour signed lower right 27 x 43cm $1,000–1,500
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335
WILLIAM BLAMIRE YOUNG (1862-1935)
Winter Skies watercolour signed lower right and titled to verso 29 x 33cm $1,500–2,500
336
EDGAR REGINALD JONES (1890-1948)
Damascus Gate oil on board signed lower left and titled to verso 28.5 x 39cm $500–800
335 336 32
337
DORA LYNELL WILSON (1883-1946)
Lady seated at her dressing table pastel on paper signed lower left 36 x 27cm $1,500–2,000
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338
A fine quality KPM Berlin painted porcelain plaque, German, circa 1880 impressed KPM and sceptre mark to the back and inscription in ink-see photos in gilt frame 18 x 24cm
$3,000–5,000
339
A George III provincial oak two tier housekeepers cupboard, English, circa 1800 193cm wide, 195cm high, 58cm deep $2,000–3,000 Illustrated at artvisory.com.au
340
A George III provincial oak and elm farmhouse table, English, circa 1800 204cm long, 87cm wide, 77cm high $1,500–2,500
Illustrated at artvisory.com.au
341
A set of eight provincial English style rush seated kitchen chairs, 20th century 9cm high, armchairs 57cm wide $800–1,200 Illustrated at artvisory.com.au
342
Three Australian rustic stools, one stamped Hariand 70cm, 70cm and 64cm high $200–400
Illustrated at artvisory.com.au
343
A Victorian style black metal and glass three branch ceiling light 120cm high, 69cm wide $500–700 Illustrated at artvisory.com.au 34
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The main entrance-way, Yaloak Estate
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An antique cedar butler's tray on stand and another cedar butler's tray without stand 70cm wide, 80cm high
$200–400
Illustrated at artvisory.com.au
345
A George III provincial oak small wall cupboard, English, circa 1780 72cm high, 55cm wide, 24cm deep $200–400
Illustrated at artvisory.com.au
346
A fine Victorian aesthetic period painted walnut overmantle mirror, English, circa 1880 190 x 174cm
$1,500–2,500
Illustrated at artvisory.com.au
347
A pair of Victorian gilt metal and glass wall light sconces, English, circa 1900 wall bosses 21cm diameter, branches 40cm long $800–1,200
Illustrated at artvisory.com.au
348
A large French provincial oak canted-front sideboard, 18th century 188cm wide, 102cm high, 55cm deep $1,500–2,500
Illustrated at artvisory.com.au
349
A Victorian oak billiards cue cupboard, English, circa 1900 182cm high, 56cm wide $500–800
Illustrated at artvisory.com.au
The sitting room, Yaloak Estate
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350
A very unusual George III oak and stained glass inset cupboard-on-chest, English, circa 1780 192cm high, 118cm wide, 56cm deep $1,200–1,800
351
A good quality Chinese hardwood (Hongmu) and marble throne chair, Qing dynasty, 19th century
112cm high, 70cm wide, 53cm deep $800–1,200 Illustrated at artvisory.com.au
352
A tall free-standing oak corner cupboard, English, circa 1910 213cm high, 90cm wide $600–800
Illustrated at artvisory.com.au
353
A large cedar extending dining table, Australian, circa 1880 with three leaves 303cm extended 106cm wide and 75cm high $3,000–5,000
Illustrated at artvisory.com.au
354
A matched set of ten unusual hoop-back oak saddle seat dining chairs, some English, circa 1900 and some made later to match seats 53cm wide, backs 86cm high $3,000–5,000 Illustrated at artvisory.com.au
355
A Victorian brass and etched glass four-branch ceiling light, English, circa 1900 approx. 170cm high $1,000–1,500
Illustrated at artvisory.com.au
356
A Jacques of London carved wood chess set and marquetry board in box $300–500
Illustrated at artvisory.com.au
350 37
357
A large and good quality oak nine drawer library cabinet, French, circa 1900 by repute made for the Galeries Lafayette store Paris matching to the one in the dining room
240cm wide, 72cm deep, 90cm high $1,500–2,500 Illustrated at artvisory.com.au
358
A large and good quality oak nine-drawer library cabinet, French, circa 1900 by repute made for the Galeries Lafayette store Paris, matching the one on the upstairs landing
240cm wide, 72cm deep, 90cm high $1,500–2,500 Illustrated at artvisory.com.au
359
A collection of antique book form boxes various sizes
$400–600 Illustrated at artvisory.com.au
360
A collection of antique book form boxes various sizes
$400–600 Illustrated at artvisory.com.au
361
A collection of antique book form boxes various sizes
$400–600 Illustrated at artvisory.com.au
362
A collection of antique book form boxes various sizes
$400–600 Illustrated at artvisory.com.au
363
A collection of antique book form boxes various sizes
$400–600 Illustrated at artvisory.com.au
The staircase, Yaloak Estate
38
364
A large and good quality oak nine drawer library cabinet, French, circa 1900 by repute made for the Galeries Lafayette store Paris matching to the one in the dining room 240cm wide, 72cm deep, 90cm high $1,500–2,500
365
An impressive Victorian gilt-metal four-branch ceiling light, English, circa 1900 approx. drop 170cm, approx width 98cm $3,000–5,000 Illustrated at artvisory.com.au
366
An impressive Neo-Classical style gilt wall mirror, English, circa 1900 195cm high, 146cm wide $1,500–2,500 Illustrated at artvisory.com.au
367
An Edwardian two seater conversation settee, English, circa 1900 67cm high, 127cm long $600–800 Illustrated at artvisory.com.au
368
A Victorian circular top wine table, English, circa 1860 62cm diameter, 68cm high $300–500 Illustrated at artvisory.com.au
369
A pair of cast-bronze Neo-Classical campagna shaped vases, English or French, circa 1845 26cm high $800–1,200 Illustrated at artvisory.com.au
370
A William IV rosewood card table, English, circa 1835 91cm wide, 45cm deep, 72cm high $1,200–1,800 Illustrated at artvisory.com.au
371
A carved mahogany double-scroll end settee, Continental, circa 1860 220cm wide, 85cm high $1,200–1,800 Illustrated at artvisory.com.au
372
A pair of Victorian gilt-metal and etched glass twin branch wall lights, English, circa 1900 wall mount 30cm high, brackets protrude 45cm from the wall $700–1,000 Illustrated at artvisory.com.au
373
A Victorian rosewood side or nursing chair, English, circa 1865 90cm high, 50cm wide $500–700 Illustrated at artvisory.com.au
374
A book form box The Great Barrier Reef by Ferdinand Coppa, containing a collection of sea-shells 26cm x 19cm x 7cm $150–200 Illustrated at artvisory.com.au
375
A cedar serpentine-fronted console or side table, Australian, circa 1860 115cm wide, 75cm high, 56cm deep $300–500 Illustrated at artvisory.com.au
364 39
The dining room, Yaloak Estate
376
A handsome oak Gothic style armchair, English, circa 1860 116cm high, 76cm wide, 77cm deep $800–1,200 Illustrated at artvisory.com.au
377
A pair of Chesterfield type club chairs with buttoned and studded upholstery 80cm high, 90cm wide, 80cm deep $500–800 Illustrated at artvisory.com.au
378
A leaded stained glass and brass square form ceiling light 24cm square $600–800 Illustrated at artvisory.com.au
379
A rustic antique spinning wheel 86cm high $300–500 Illustrated at artvisory.com.au
380
A brass and opaque glass ceiling light, circa 1900 approx. 150cm high $150–250 Illustrated at artvisory.com.au
381
A leaded stained glass and brass square form ceiling light 24cm square $400–600 Illustrated at artvisory.com.au
40
382
A Fine Wooton Desk Co walnut and satinwood Indianapolis postal desk, American, circa 1880 180cm high, 110cm wide, 76cm deep $6,000–9,000
383
A leaded clear glass and metal ceiling lantern, French, 19th century approx. 55cm high
$800–1,200 Illustrated at artvisory.com.au
384
A pair of folding teak and brass recliner armchairs labelled 'First-class only' 93cm high
$400–600 Illustrated at artvisory.com.au
385
A large Gothic linen fold decorated oak partners desk, English, 19th century with brass handles
80cm high, 120cm deep, 198cm wide $1,500–2,500 Illustrated at artvisory.com.au
386
A good quality three-section oak standing bookcase, English, circa 1865 203cm high, 238cm wide, 52cm deep $1,500–2,500 Illustrated at artvisory.com.au
387
A three-branch brass and etched glass ceiling light, English, circa 1900 approx. 145cm high $500–700
Illustrated at artvisory.com.au
388
A walnut armchair, covered in green velvet, English, circa 1860 98cm high
$400–600
Illustrated at artvisory.com.au
382 41
389
A good quality and very impressive oak breakfront library bookcase, English, circa 1880 approx. 275cm wide and 300cm high $5,000–8,000
390
A carved and pierced work walnut armchair, English, circa 1860 98cm high $500–800
Illustrated at artvisory.com.au
391
A large Victorian oak library bookcase, English, circa 1880
268cm high, 282cm wide, 84cm deep $4,000–6,000
Illustrated at artvisory.com.au
392
A Chinese hardwood circular top table, late Qing dynasty, 19th century 61cm diameter, 78cm high $600–1,000
Illustrated at artvisory.com.au
393
A George III oak corner cabinet, English, circa 1780
108cm high, 95cm wide $500–800
Illustrated at artvisory.com.au
394
A walnut two-door bookcase, English, circa 1900 203cm high, 103cm wide, 36cm deep $300–500
Illustrated at artvisory.com.au
389 42
395
A five-section oak sectional bookcase, circa 1900
181cm high, 92cm wide, 31cm deep
$200–400 Illustrated at artvisory.com.au
396
A Chinese porcelain bowl, painted with immortals, Qianlong mark, 20th century 18cm diameter
$300–500 Illustrated at artvisory.com.au
397
A good quality Persian design rug 78cm wide
$200–400 Illustrated at artvisory.com.au
398
A brass four section stick and umbrella stand, English, circa 1920 63cm high
$150–200 Illustrated at artvisory.com.au
399
A gilt-framed overmantle or pier mirror 214cm high, 87cm wide
$400–500 Illustrated at artvisory.com.au
400
A military mahogany and brass two section campaign chest, English, 19th century Hobbs and Co brass lock plates
113cm wide, 106cm high, 50cm deep
$500–800 Illustrated at artvisory.com.au
43
The library, Yaloak Estate
401
A large mahogany library bookcase, English, 19th century 220cm wide, 200cm high $2,000–3,000
402
An Arts and Crafts oak revolving bookcase in the style of A W N Pugin, English, circa 1875 121cm high, 60cm square $1,000–2,000
403
A large carved mahogany cheval mirror, English, circa 1860 168cm high, 87cm wide $300–500
Illustrated at artvisory.com.au
402 401 44
404
A large Australian cedar library bookcase, late 19th century
282cm high, 210cm wide $3,000–5,000
405
An Australian Art Nouveau gum-wood occasional table, circa 1905
47cm high, 40cm wide, 106cm long $300–500
Illustrated at artvisory.com.au
406
A William and Mary geometric design oak chest of drawers, English, circa 1700 96cm wide, 56cm deep, 93cm high $1,000–1,500
Illustrated at artvisory.com.au
407
A pair of Australian blackwood and cedar bench seats, circa 1860 198cm wide, 91cm high, 43cm deep $1,000–1,500
Illustrated at artvisory.com.au
408
A cedar single-door wardrobe, Australian, circa 1900 196cm high, 104cm wide, 55cm deep $200–400
Illustrated at artvisory.com.au
409
A polished brass and etched glass ceiling light, circa 1900 approx. 120cm high $600–1,000
Illustrated at artvisory.com.au
404 45
410
An unusual cedar dressing chest with central adjustable column mirror, Australian, circa 1900 122cm wide, 56cm deep, approx. 174cm high $200–400
Illustrated at artvisory.com.au
411
A gilt-wood framed overmantle mirror 140cm high, 130cm wide $500–800
Illustrated at artvisory.com.au
412
A tall William IV two-door floor-standing corner cabinet, English, circa 1835 237cm high, 138cm wide $500–800 Illustrated at artvisory.com.au
413
An ash bedside cabinet English, circa 1900 in the manner of Bruce Talbert for Gillows 85cm high, 41cm wide $150–200
Illustrated at artvisory.com.au
414
A cast-iron lions head and scroll pattern table with black stone top, French, 19th century 110cm wide, 74cm high $400–800 Illustrated at artvisory.com.au
415
A large giltwood and black rectangular bevelled glass wall mirror 178 x 237cm
$500–800
Illustrated at artvisory.com.au
416
A good quality Persian red ground woolpile rug 216 x 136cm
$300–500
Illustrated at artvisory.com.au
417
A pair of Empire style gilt-metal desk lamps 75cm high $400–700
Illustrated at artvisory.com.au
418
A giltwood rectangular bevelled glass wall mirror 90 x 120cm $200–400 Illustrated at artvisory.com.au
419
A large floral and leaf tooled, gilt and green decorated leather four-fold screen, Spanish, 19th century 216cm high, 240cm high $2,000–4,000
420
A large Tasmanian blackwood library table, 240cm long, 76cm high $700–1,000
421
A set of eight matching buttoned leather and oak library chairs, English, circa 1900 97cm high, 75cm wide $4,000–6,000
422
A good quality carved oak and pollard oak veneered library bookcase, English, circa 1860 210cm wide, 60cm deep, 248cm high $2,500–4,000
423
A George IV mahogany drop centre sideboard, English, circa 1825 208cm wide, 125cm high, 70cm deep $1,000–1,500
424
A heavily carved lacquered softwood desk, Chinese, circa 1902 166cm wide, 80cm high, 107cm deep $1,000–2,000
Illustrated at artvisory.com.au
425
A large and good quality gilt-bronze fivebranch ceiling light, French, 19th century approx. 170cm high and 75cm wide $2,000–4,000
Illustrated at artvisory.com.au
426
A large and imposing Medieval style gilt-metal circular ceiling light, French, 19th century 70cm diameter, 175cm high approx. $2,500–4,000 Illustrated at artvisory.com.au
427
A Georgian style mahogany partners desk 180cm wide, 90cm deep, 80cm high $800–1,500 Illustrated at artvisory.com.au
428
A Victorian carved walnut leather covered armchair 106cm high, 78cm wide $300–500 Illustrated at artvisory.com.au
429
A large wall clock labelled The Royal Mail, Victoria 1872 55cm diameter $300–500 Illustrated at artvisory.com.au
430
A giltwood rectangular bevelled glass wall mirror 155 x 200cm $400–600 Illustrated at artvisory.com.au
431
The Bordeaux collection. 25 original prints of Great Chateaux by seven British artists. Edition 88/150. Published by Wine Arts Ltd. England. Framed and glazed Various sizes $2,500–3,500 Illustrated at artvisory.com.au
46
432
A fine quality carved ash wardrobe in the manner of Bruce Talbert, English, circa 1880
233cm high, 221cm wide, 57cm deep $800–1,200
433
A large calf and leather bound Ledger box by F.W Niven and Co., Ballarat, circa 1870 $500–800
Illustrated at artvisory.com.au
434
An Old English Pattern silver-plated cutlery set for 12 settings in oak case. (Incomplete) $300–500
Illustrated at artvisory.com.au
435
A fine quality carved ash dressingchest, in the manner of Bruce Talbert, English, circa 1880
137cm wide, 175cm high, 60cm deep $300–500
Illustrated at artvisory.com.au
436
A fine quality carved ash marble top washstand, with Minton tiles by John Moyr Smith, in the manner of Bruce Talbert, English, circa 1880 135cm wide, 120cm high $600–900
Illustrated at artvisory.com.au
437
A fine quality carved ash chest of drawers, in the manner of Bruce Talbert, English, circa 1880 123cm high, 121cm wide, 55cm deep $400–500
Illustrated at artvisory.com.au
438
A Meissen Blind Earl type floral and gilt porcelain moulded bowl, a Royal Doulton timepiece and a pair of Victorian transfer print decorated buff glazed comports $100–200
Illustrated at artvisory.com.au
439
A Large mahogany two-tier estate cupboard, English, circa 1850
245cm high, 150cm wide, 52cm deep $1,500–2,500
Illustrated at artvisory.com.au
432 47
440
A pair of cast iron Neo-Classical garden urns, French, 19th century 54cm high, 80cm diameter $1,500–2,500
441
A good quality large gilt overmantle mirror, French, circa 1900 21cm high, 152cm wide $1,000–1,500
Illustrated at artvisory.com.au
442
A large and impressive gilt bronze ceiling light, French, circa 1900 approx. 130cm high and 85cm wide $1,000–1,500
Illustrated at artvisory.com.au
443
A George III oak corner cabinet, English, circa 1770 120cm high, 90cm wide $500–800
Illustrated at artvisory.com.au
444
A black marble and gilt mantle clock, enamel dial and two train movement with pendulum and key, English, circa 1880 23cm high, 40cm wide
$400–600
Illustrated at artvisory.com.au
445
A good quality carved rosewood armchair, English, circa 1860 90cm high, 61cm wide $300–500
Illustrated at artvisory.com.au
446
A good quality gilt metal and etched glass ceiling light, French, circa 1900 approx. 140cm high, 70cm wide $1,000–1,500
Illustrated at artvisory.com.au
447
A gilt-wood framed overmantle mirror 123cm high, 188cm wide $500–800
Illustrated at artvisory.com.au
END OF SALE
440 48
Terms and Conditions of Sale
The terms and conditions of sale listed here contain the policies of Artvisory Pty Ltd. They are the terms on which Artvisory Pty Ltd and the Seller contract with the Buyer. They may be amended by printed Saleroom Notices or oral announcements made before and during the sale. By bidding at auction you agree to be bound by these terms.
1. Background to the Terms used in these Conditions
The conditions that are listed below contain terms that are used regularly and may need explanation. They are as follows:
“the Buyer” means the person with the highest bid accepted by the Auctioneer
“the Lot” means any item depicted within the sale for auction and in particular the item or items described against any lot number in the catalogue.
“the Hammer price” means the amount of the highest bid accepted by the auctioneer in relation to a lot
“the Buyers Premium” means the charge payable by the Buyer to the auction house as a percentage of the hammer price.
“the Reserve” means the lowest amount at which Artvisory has agreed with the Seller that the lot can be sold.
“Forgery” means an item constituting an imitation originally conceived and executed as a whole, with a fraudulent intention to deceive as to authorship, origin, age, period, culture or source, where the correct description as to such matters is not reflected by the description in the catalogue. Accordingly no lot shall be capable of being a forgery by reason of any damage or restoration work of any kind (Including re-painting).
“the insured value” means the amount that Artvisory in its absolute discretion from time to time shall consider the value for which a lot should be covered for insurance (whether or not insurance is arranged by Artvisory.)
All values expressed in Artvisory Pty Ltd catalogues (in any format) are in Australian Dollars (AU$). 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.
2. Artvisory Auctions as Agent
Except as otherwise stated Artvisory Pty Ltd acts as agent for the Seller.
The contract for the sale of the property is therefore made between the Seller and the Buyer.
3. Before the Sale
a) 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”
b) 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.
Images are measured height by width (sight size). Illustrations are provided only as a guide and should not be relied upon as a true representation of colour or condition. Images are not shown at a standard scale. Mention is rarely made of frames (which may be provided as supplementary images on the website) which do not form part of the lot as described in the printed catalogue.
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.
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.
4. At the Sale
a) Refusal of Admission
Artvisory reserves the right at our complete discretion to refuse admission to the auction premises or participation in any auction and to reject any bid.
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.
c) 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.
54
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.
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) 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.
J) 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.
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.
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.
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. The buyer is responsible for any bank fees and charges applicable for the transfer of funds into Artvisory’s company trust account.
c) 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) 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.
e) 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.
55
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) 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.
ii) 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.
iii) 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
any special, incidental nor consequential damages including, without limitation, loss of profits not for interest.
v) 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.
vi) the Buyer must return the lot to Seller in the same condition that it was purchased.
8. Severability
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.
Overseas buyers and buyers non-resident in Australia will not be charged GST on both hammer price and premiums under the following conditions:
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.
14. Resale Royalty Scheme
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:
• 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.
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310 Toorak Road South Yarra Victoria 3141 +61 3 9826 4039 | www.artvisory.com.au SINGLE OWNER AUCTION SPECIALISTS
Paul Sumner and Amanda Swanson Directors
