Contemporary Art Evening Sale

Con temporary art 12 & 13

february

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EVENING SalE

Con temporary art 12

fEbruary

2 0 10

7pm

lONDON

Lots 1 – 4 3

Viewing Saturday 6 February 2010, 10am – 6pm Sunday 7 February 2010, 12pm – 6pm Monday 8 February – Friday 12 February 2010, 10am – 6pm Saturday 13 February 2010, 10am – 12pm

Front and back covers Gerhard Richter, Abstraktes Bild (707-1), 1989, Lot 29 Inside front cover Ugo Rondinone, Dritteraprilzweitausendundsieben, 2007, Lot 4 Evening title page George Condo, Father and Son, 2008, Lot 17 (detail)

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1 GREGOR HILDEBRANDT b. 1974 Faith, 2001 Triptych: cassette tape on canvas. Overall: 300 × 620 cm (118 × 244 in). Signed, titled and dated ‘Gregor Hildebrandt Faith 2001’ on the reverse of each panel.

Estimate £25,000–35,000 $40,800–57,100 €28,300–39,600 ♠ Provenance Galerie Almine Rech, Paris

Berlin-based artist Gregor Hildebrandt turned to cassette tape as a new medium for artistic expression. He creates elaborate and elegant installations and paintings which incorporate in various ways the different components of a cassette tape, often using the tape itself which is pre-recorded, thus adding a further invisible dimension to his works. Often arranged in abstract patterns, some of his tape works include image collages of icons from the film and music world. The present work is a recording of cult song ‘Faith’ by the Cure, the dark and shimmering effect of the tape echoing the romantic and gothic theme of the song.

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2 Leandro erLich b. 1973 Rain, 1999 Steel frame, wood wall board, sliding glass window and casing, faux brick interior, water circulation system, sound and strobe light installation. 188 × 243.8 × 66 cm (74 × 96 × 26 in).

This work is from an edition of six and is accompanied by a certificate of authenticity signed by the artist.

estimate £30,000–40,000 $48,900–65,200 €33,900–45,200 Ω Provenance Galerie 43, Buenos Aires exhibited New York, Whitney Museum of American Art, Whitney Biennial 2000, 2000

(another example exhibited)

A master of illusion, Argentinian artist Leandro Erlich has amazed audiences with whimsical installations, sculptures, photographs and videos for the past decade. Heavily influenced by René Magritte and the Surrealist movement, in the present lot, an early installation entitled Rain, Erlich presents the viewer with the illusion of looking through an apartment window on a rainy day. This eerie work is about the transformation of what we can easily recognise and accept as real into something unreal. Erlich’s use of trompe l’oeil techniques and beautifully executed optical illusions leaves the viewer with a lingering sense of confusion, doubt and irony – humour is replaced by a gnawing sense of being ill at ease.

Speaking of his influences for Rain and his working method, Erlich has said, “like most of my projects, the idea came from the consideration of everyday architecture. I’m interested in the background places that hold our experiences and emotions on a daily basis, even though we are unaware of them. For Rain, I looked for a particular mood: a nostalgic scene, where the viewer participated in the act of contemplation. The windows looked out on a narrow space between two extremely close urban buildings. I built an enclosed set and used pumps to recycle the rain. In the end, as often happens, Rain took on a life of its own and became less about nostalgia and more about a violent storm” (the artist, quoted in ArtKrush, 29 November 2008).

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3 Doug Aitken b. 1968 2 disappearing points to 1, 2004 Triptych: circular C-prints. Each: 122 cm (48 in) diameter. This work is from an edition of six and is accompanied by a certificate of authenticity.

estimate £40,000–60,000 $65,200–97,800 €45,200–67,800 ‡ Provenance Galerie Eva Presenhuber, Zurich

“The self is never given in Aitken’s works. Rather, the subject emerges as a complex system of detours and technological mediations. This temporal syncopation cuts right through the very core of consciousness. It means that the present is never present. Or rather, that the consciousness of what is present is never self-present, but always delayed. The mind has no direct line to itself, but must pass through various complicated systems of mediation.

Such seems to be the predicament described in Aitken’s automated cosmos, where the displacement of the subject in time is a natural consequence of the digitized topography it inhabits.”

(Daniel Birnbaum, ‘That’s the Only Now I Get: Time, Space and Experience in the Work of Doug Aitken’, in Birnbaum, Sharp and Heiser, eds., Doug Aitken, New York, 2002, p. 97)

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4 UGO RONDINONE b. 1963 Dritteraprilzweitausendundsieben, 2007 Diptych: acrylic on canvas. Each: 220 cm (86 5/8 in) diameter. Signed ‘Ugo Rondinone’ on a label adhered to the reverse; titled and dated ‘Dritteraprilzweitausendundsieben 2007’ on the accompanying Plexiglas plaque.

Estimate £150,000–200,000 $245,000–326,000 €170,000–226,000 Provenance Galerie Almine Rech, Paris

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“Underlying all Rondinone’s work is a tension between interior essence and

the works themselves. They evoke but do not reconcile personal and cultural

exterior appearance, enacted in the first instance through a disparity between

expression, individual artistic practice and a wider aesthetic discourse. Turn

form and content. Hypnotic target paintings, rendered in hazy concentric

to the titles, furthermore, and they are named with the day and date of their

circles of vivid colour, induce feelings of meditative or transcendental

production. Any promise of spiritual fulfillment is undercut by the banality of a

reflection. Yet the surface of his target paintings is flat and blurred, a

daily act, transformed into a testament of presence and of ritualized activity.”

depthless plane that contradicts the absorptive qualities they promise. This disparity is amplified by the many references the work evokes. Played out at

(Andrea Tarsia, Ugo Rondinone: Zero built a nest in my navel, London,

both visual and linguistic levels, they constantly refer to something other than

2005, p. 273)

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5 MARK GROTJAHN b. 1968 Untitled (Green Butterfly), 2002 Oil on canvas. 122 × 86.3 cm (48 × 34 in). Signed and dated ‘M. Grotjahn 02’ on the overlap.

Estimate £150,000–200,000 $245,000–326,000 €170,000–226,000 † Provenance Blum & Poe, Los Angeles; Jack Tilton Gallery, New York

“Grotjahn is not an artist obsessed with positing a wholly unprecedented ‘concept’ of art, but rather is concerned with teasing nuanced experience out of existing concepts or constructs according to the opportunities presented by a specific, well-calculated conceit. Nor is he really preoccupied with Ezra Pound’s mandate to ‘make it new’; rather he wants to make it vivid, and applies all of his impressive skill to doing just that … After all, Winters, Marden, and many of the artists with whom Grotjahn may be favourably compared are contemporary Mannerists – that is, painters who have elaborated on tropes and formats previously found in painting and developed distinctive ways of working that mine the unexploited potential of the modernist mother lode.”

(Robert Storr, ‘LA Push-Pull/Po-Mo-Stop-Go’ in exhibition catalogue, Mark Grotjahn, Gagosian Gallery, London, 2009, p. 6.)

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6 JOHN BALDESSARI b. 1931 Puzzle (Two Views), 1989 Diptych: vinyl paint on black and white photographs. Overall: 193 × 245.1 cm (76 × 96 1/2 in).

This work is unique.

Estimate £200,000–300,000 $326,000–489,000 €226,000–339,000 Provenance Sonnabend Gallery, New York exhibited Geneva, BFAS Blondeau Fine Art Services, Faces, May – July 2006, no. 51 literature Exhibition catalogue, BFAS Blondeau Fine Art Services, Faces, Geneva, 2006,

no. 51 (illustrated)

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“John Baldessari is a constant observer of art history, pop culture, and

of relief. It leveled the playing field between them and me.’ His obliteration

everyday life. Anything that makes him pause for just a second becomes

of the fakeness was like legal campaign sign defacing. Without the pose, the

fodder for his photography. His brain works so fast that he’s five steps ahead

attention shifted to things less slimy like movement, dress and posture. John

of most everyone. Material oozes out of him like sauna sweat. Problems are

was finally able to look at the bastards in those pictures and smile.

simple hurdles on the track to solutions, and Baldessari’s way of clearing them is always fun to watch. The dots that made him famous are a perfect

“The lesson taught him that by depriving people of what they really want

example. Twenty-five years ago, he was shuffling through some old photos

to see, it frees them to change their priorities about what it truly means to

he’d filed away from the L.A. Times. They were of local dignitaries, the mayor,

understand something. It’s both a trick and a valuable service that has lived

the fire chief, guys shaking hands and smiling at the camera. He initially

on in his work. ‘It’s a cat and mouse game where I give them clues,’ Baldessari

bought them out of anger. ‘I figured they had this hold on me, though, and I felt

says. ‘It’s like a great detective story where the writer leads you to think you’ve

I could find a way to use that energy somehow,’ Baldessari recounts. ‘Here I

got it all figured out, then, ‘Ah hah! No you haven’t!’ Or kind of like when a

am isolated in my studio, and they’re out making decisions about my life, and

woman enjoys being flirtatious instead of saying yes on the first date’.”

I’m not participating in it. I was using some price stickers for another project, and I pulled out the photographs and covered their faces. I felt a great flood

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(Ben Bamsey, ‘John Baldessari’, ArtWorks Magazine, Winter 2007)

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7 BANKS VIOLETTE b. 1973 No Title (Throne), 2008 Hand-cast sand-moulded aluminium, borax crystals, magnesium sulphate crystals, salt.

70 × 260 × 420 cm (27 1/2 × 102 1/2 × 165 1/2 in). This work is unique and is accompanied by a certificate of authenticity signed by the artist.

Estimate £150,000–200,000 $245,000–326,000 €170,000–226,000 ‡ Provenance Galerie Rodolphe Janssen, Brussels exhibited Brussels, Galerie Rodolphe Janssen, Banks Violette, 19 April – 17 May 2008

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In a relatively short period of time, American conceptual artist Banks Violette has developed a consequential, singular and fantastic oeuvre based on a leitmotif of the Romantic canon – the notion that Romanticism is predicated on failure. Deeply influenced by the work of German philosopher Johann Wolfgang von Goethe and the German landscape painter Caspar David Friedrich, Violette’s evocative multimedia installations capture mankind in a state of decay and left to contemplate the shattered remains of its former glory.

As in Violette’s favourite Friedrich painting, the 1823 masterpiece The Wreck of Hope, in which a shipwreck is engulfed by grinding slabs of Arctic ice, so symbolizing the frail bark of human aspiration crushed by the world’s immense and glacial indifference, Banks Violette powerfully depicts in No Title (Throne) the inevitable demise of a society suffering from illusions of grandeur. One of his most accomplished and important installations to date, No Title (Throne), comprising a fragmented ornate chandelier covered in crystals and lying on a bed of salt, represents a transcendental moment frozen in time, the ghostly stillness of the broken remains of a violent encounter.

The nihilistic nature of No Title (Throne) recalls the groundbreaking installations of the 1980s New York painter Steven Parrino, a forefather of a generation of artists headed by Violette and his friend Terence Koh, both of whom currently dominate the city’s art scene. Violette, a high school dropout and former crystal-meth user, is, like Parrino, fascinated by the dark beauty of America’s underbelly, exploring the blurred line between fantasy and reality that defines society’s subcultures. Working as an assistant to Robert Gober, Banks Violette developed an artistic style defined by an exploration of the sublime. A hopeless romantic, his visual aesthetic has a certain melancholic feel, a quiet and poetic sorrow reminiscent of his illustrious peers and fellow New Yorkers Jim Hodges and the late Felix Gonzalez-Torres. The passage of time and the inevitability of death may permeate their art but it is a search for the beauty of a transient state found somewhere between life and death which defines it.

From top: Jim Hodges, A Model of Delicacy, 1992; David Hammons, Untitled, 2000; Steven Parrino, The Self-Mutilation Bootleg 2 (The Open Grave), 1988–2003; opposite: alternative view of present lot

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8 Jannis Kounellis b. 1936 Untitled, 1960 Acrylic on cardboard. 70 × 100 cm (27 1/2 × 39 3/8 in). Signed ‘Jannis Kounellis’ on the reverse. This work is registered in the Archivio Kounellis, Rome, under number 201.

estimate £50,000–70,000 $81,500–114,000 €56,500–79,100 ♠ ‡ Provenance Modern Art Agency, Naples

“The large canvases with letters, numbers, and signs emerge as ‘wall paintings’. Applied to the walls, which were prepared for painting, they are also tied to the dimensions of the studio space. Used for their visual content, the black signs are applied directly to the wall, remaining suspended between floor and ceiling, between the universality of the language of the street and a pre-verbal world embodied in the indecipherable and mysterious writing. For Kounellis, these signs are a precious material to be rediscovered in its evocative and visual force, as well as its sonorous power, which he intended to reawaken through chanting and music.

“This was precisely the purpose of the performance Kounellis created in 1960, both in his studio and at the La Tartaruga gallery, where he wore one of his canvases, painted with letters, as if it were a hieratic and priestly vestment – very similar, as well, to the costume worn by Hugo Ball in one of his Dadaist evenings at the Cabaret Voltaire (1916) – and he hung all the walls with canvases covered in kemtone, a type of acrylic paint, where he applied letters, numbers and signs, which he then chanted. The pictorial surface of the painting thus becomes ‘a thing that is read’, and even more, a musical score, where the letters are notes and the white spaces correspond to pauses, concretely revealing the profound significance of this alphabet as a ‘memory of reading and memory of the word’.”

(Press release for exhibition, Museo d’Arte Contemporanea Donna Regina Napoli, Jannis Kounellis, Naples, 2006)

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9 RuDolF sTinGel b. 1956 Untitled, 1986 Oil and enamel on canvas. 220.7 × 180 cm (86 7/8 × 70 7/8 in). Signed and dated ‘Stingel 86’ on the reverse.

estimate £120,000–180,000 $196,000–293,000 €136,000–203,000 ♠ ‡ Provenance Private Collection, Switzerland

First recognised in the late 1980s for his monochromatic works, Rudolf Stingel has developed a singular approach to painting aiming to undermine the very essence of the creative act. With simultaneous attention to surface, image, colour and space, he creates new paradigms for the meaning of painting. Reflecting upon the fundamental questions concerning painting today – authenticity, meaning, hierarchy and context – his abstract works stand in close tradition to Gerhard Richter. Yet unlike Richter, Stingel’s works form a new approach, trying to overcome the gap between figuration and abstraction, constantly negotiating a balance between kairos and kronos – that is, between the exact moment of time in which the viewer is confronted with the present – or its illusion, for that matter – and eternal time which never ends but results in abstraction. Stingel thus moves painting one step further, understanding that it carries energy as well as consuming it, and that abstraction happens when the power goes off momentarily.

“To paint is to act. Yet this action does not necessarily produce a painting.

Most of the time, the result is an approximation of an ideal painting that exists in the mind of the painter. Although painting can be an action, it must also be an observation. The mere act of painting does not create a Painting but simply some painting. But if the action of painting is used as a lens to observe reality to create another reality, then we have a Painting. Stingel creates a transitive way to recede from abstraction into the subject and to push the subject into a different kind of time.”

(Francesco Bonami, ed., ‘Paintings of Paintings for Paintings – The Kairology and Kronology of Rudolf Stingel’ in Rudolf Stingel, London, 2007, pp. 13–14)

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10 Michael elMGReen & inGaR DRaGseT b. 1961 & b. 1969 Powerless Structures, Fig. 255, 2003 Painted steel, glass, tiles, pissoirs. 230 × 150 × 260 cm (90 1/2 × 59 × 102 1/2 in). This work is from an edition of three and is accompanied by a certificate of authenticity signed by the artists.

estimate £30,000–40,000 $48,900–65,200 €33,900–45,200 ♠ ‡ Provenance Galerie Klosterfelde, Berlin

The thought provoking, large-scale, conceptual oeuvre of Scandinavian artistic duo Michael Elmgreen and Ingar Dragset is a clever, subversive and humorous pastiche of the human socio-political condition. Their Powerless Structures constitute an ongoing series of installations and performances in which the two artists examine space with its manifold possibilities of meaning and functions. The question of constructing meaning in private and public or institutional space and its sexual connotation is fundamental for Elmgreen and Dragset’s works. By transferring spaces to other contexts of meaning, but also via targeted interventions in the way a space functions, Elmgreen and Dragset time and again succeed in shaking off the customary meanings of a space and thus creating room for new and different interpretations.

The present lot, Powerless Structures, Fig. 255, is an outdoor sculptural installation comprising an illuminated glass vitrine in which two pissoirs face away from each other, a clear reference to Marcel Duchamp’s notorious Fountain (1917). In continental Europe it is not uncommon to see urinals in the street for public use; however, in a witty twist, Elmgreen and Dragset have captured the absurdity of two males relieving themselves in full public view. Visually and thematically building upon the consequential oeuvre of the American artist Robert Gober, who produced a celebrated body of work dealing with the sexual connotations and implications of the drain, Elmgreen and Dragset similarly use familiar, apparently innocuous objects, to masterfully uncover the uncanny in the everyday.

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11 MaRGheRiTa Manzelli b. 1968 Diencephale, 1998 Oil on canvas. 220 × 150 cm (86 × 59 in). Signed, titled and dated ‘Diencephale Margherita Manzelli 1998’ on the reverse.

estimate £80,000–120,000 $130,000–196,000 €90,400–136,000 ♠ ‡ Provenance greengrassi, London exhibited London, greengrassi, Margherita Manzelli. Paintings, 26 September – 24 October 1998

As one of the leading figurative painters of her generation, Margherita Manzelli’s acclaimed oeuvre consists primarily of large-scale paintings and delicate works on paper depicting haunting, oddly ravishing images of solitary women isolated within an abstracted, pictorial dream space. Although the Milan-based artist, who has been active since the mid-90s, claims her works are not intended as self-portraits, they nevertheless bear both a physical and psychic resemblance to her. Manzelli herself admits ‘I would like them to be different to me. And yet I realize that this very desire is symptomatic of the fact that something of myself remains in them’ (the artist, quoted in H. Kontova, ‘Margherita Manzelli, Giving Sense to the Senseless’, Flash Art 33, no. 210, Jan/Feb 2000, pp. 102–03). Manzelli’s mute, still women, with their emaciated and subtly deformed bodies, are engaged in no activity other than staring, their penetrating eyes locked in a weirdly knowing confrontation with the viewer. The present lot, an early work from 1998, depicts a vulnerable and naked androgynous female emerging from the darkness of a pitch-black background. Her furrowed brow, intense stare and awkward posture make the viewer feel ill at ease when confronted with this monumental canvas. The figure is painfully aware that she is on display creating a psychological and erotic tension between artist, sitter and viewer.

“These women [the figures in Margherita Manzelli’s work] are, in many ways, ciphers for the artist’s own conscious and unconscious anxieties.

By abstracting aspects of her identity into a series of nameless, placeless, indistinct women, Manzelli is able to transfer her emotional and personal concerns onto another, deflecting attention from herself and ultimately eluding all forms of apprehension. In this sense Margherita Manzelli’s intensely mediated exchanges with the world, whether in the form of live actions, paintings or drawings, are designed to conceal as much as they reveal.”

(Exhibition catalogue, Margherita Manzelli, The Art Institute of Chicago, Chicago, 2004, n.p.)

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12 Cindy Sherman b. 1954 Untitled (#196), 1989 Colour coupler print in the artist’s frame. 170 × 112 cm (67 × 44 in). This work is from an edition of six.

estimate £180,000–250,000 $293,000–408,000 €203,000–283,000 ‡ Provenance Galerie Crousel-Robelin/Bama, Paris; Skarstedt Gallery, New York exhibited Southampton, The Parrish Art Museum, Face Value: American Portraits,

July – September 1995 (another example exhibited); Oostende, Museum voor Moderne Kunst, Rene Magritte and the Contemporary Art, April – June 1998 (another example exhibited); New York, Grey Art Gallery, Inverted Odysseys, Claude Cahun, Maya Deren and Cindy Sherman, November 1999 – January 2000 (another example exhibited); Cindy Sherman: Paris, Jeu de Paume, 16 May – 3 September 2006; Kunsthaus Bregenz, 2 December 2006 – 28 January 2007; Humlebæk, Louisiana Museum of Modern Art, 9 February – 13 May 2007; Berlin, Martin Gropius Bau, 15 June – 10 September 2007 (another example exhibited) literature A. Danto, Cindy Sherman: History Portraits, Munich, 1990, pl. 33, p. 57 (illustrated);

R. Krauss, Cindy Sherman 1975–1993, New York, 1993, p. 170 (illustrated); Museum voor Moderne Kunst, ed., René Magritte and the Contemporary Art, Oostende, 1998, p. 185 (illustrated); S. Kirschbaum, ‘Broad Strokes’, Whitewall, New York (September 2006), p. 84 (illustrated); R. Durand, Cindy Sherman, Paris, 2007, pp. 148 and 257 (illustrated)

Cindy Sherman made her series of photographs known as the History Portraits while she was living in Rome in the late 1980s. She found the atmosphere of Renaissance Rome both a catalyst and suitable cultural setting for this series. Being one of the celebrated photographs from this acclaimed series, the present lot, Untitled #194, is a seminal image in which Sherman captures in a single iconic self-image the principal themes that define the artist’s oeuvre. Through the incorporation and imitation of costumes, poses, interiors and settings that characterize classical portraiture, this series digs deeply into the canon of European art.

“In the History Portraits, created in 1989–90 on the theme of Old Master paintings, Sherman unleashes the full blast of her iconoclastic verve. False noses, false breasts, cheap costume jewelry, everyday fabrics, and thickly plastered makeup are assembled under dazzling, bright light: the joke shop takes its revenge on the museum … the references are precise in some cases, and more fragmented in others … The overall impression is of an unsavory cultural minestrone, floating with bits of Fouquet, Raphael, Rubens, Fragonard, and Ingres … Sherman highlights the creation of a world where formal invention, fantasy and satire reign supreme.”

(J. P. Criqui, ‘The Lady Vanishes’ in Cindy Sherman, Paris, 2006, pp. 279, 281)

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13 andy Warhol 1925 –1987 Knives, 1981–82 Synthetic polymer paint and silkscreen inks on canvas. 50 × 40 cm (20 × 16 in). Stamped with the Estate of Andy Warhol and numbered ‘PA 95.023’ and with the Andy Warhol Foundation for Visual Arts seal on the overlap.

estimate £150,000–250,000 $245,000–408,000 €170,000–283,000 ‡ Provenance Galerie Jablonka, Cologne; Private Collection, Switzerland exhibited Cologne, Galerie Jablonka, Andy Warhol: Knives, 1998 literature Exhibition catalogue, Galerie Jablonka, Andy Warhol: Knives, Cologne, 1998,

p. 57 (illustrated)

“The Guns and Knives paintings from 1981–1982 are stark reminders of the violent society we lived in then and now. At the beginning Andy wanted to photograph exotic knives and daggers. We knew that Chris Stein from Blondie collected handmade knives and unusual daggers. Chris brought some to the studio for Andy to photograph. But after reviewing the pictures, Andy asked Jay Shriver, his new art assistant, to buy some ordinary kitchen knives from a Bowery restaurant supply store. Jay came back with some Galaxy 8-inch slicers and, of course, a receipt. Andy photographed the ordinary knives in various formations and they were chosen. How many times does one read about someone picking up a kitchen knife and plunging it into his wife or her husband in a moment of jealous rage?”

(Vincent Fremont, quoted in exhibition catalogue, Cast a Cold Eye: The Late Work of Andy Warhol, Gagosian Gallery, New York, 2006, p. 157)

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14 Jean-miChel BaSquiat 1960 –1988 Untitled, 1984 Acrylic and Xerox collage on canvas. 109 × 109 cm (43 × 43 in). Signed and dated ‘JeanMichel Basquiat 1984’ on the reverse. This work is accompanied by a certificate of authenticity issued by the Authentication Committee of the Estate of Jean-Michel Basquiat.

estimate £600,000–900,000 $978,000–1,470,000 €678,000–1,020,000 ‡ Provenance Galerie Bruno Bischofberger, Zurich exhibited Vienna, Kunsthaus, Jean-Michel Basquiat, 1999; Museum Wurth Kunzelsau,

Jean-Michel Basquiat – The Mugrabi Collection, 6 October 2001 – 1 January 2002 literature R. Marshall, E. Navarra and J.L. Prat, Jean-Michel Basquiat, Paris, 2000, vol. II,

p. 210 (illustrated)

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Jean-Michel Basquiat, both the artist and his acclaimed oeuvre, requires no introduction. His story is well-known to all: the artist-rebel hailing from a poor, immigrant background who, after living on the streets of New York City, had a meteoric rise to the top of the art world only to fall even faster and harder, tragically consumed by a debilitating drug habit and sense of low self-esteem. Like many of history’s artistic prodigies – the tormented Vincent van Gogh comes most immediately to mind – Basquiat departed this world never having really belonged but not without leaving behind an influential and brilliant oeuvre in just eight brief years. Basquiat displayed an exceptional ability to execute poignant paintings loaded with attitude and turmoil and which present the infinite layers of a consciousness grappling with the transcendental, existential issue of the meaning of life and death that has always confronted humanity.

The present lot, an untitled canvas, dates from the middle of Basquiat’s short but prolific career, in which the young artist began to reflect on his personal success and excess, his stardom and wealth and the hypocrisy of the New York art world. By 1984, the 24-year-old Basquiat had achieved it all: Larry Gagosian, Tony Shafrazi and Bruno Bischofberger sold his work across the world for substantial sums, he had solo museum shows and was very close to Madonna and Andy Warhol with whom he collaborated artistically. At the same time, however, he grew paranoid, fearing that everyone around him was simply interested in taking advantage of his fame and generosity.

As a result, Basquiat sought self-destructive escapes with his cocaine and heroin addictions which inevitably spiralled out of control. As a largely autobiographical artist, Basquiat’s mature works from this period naturally reflect his dark mood. As some of the most powerful within his oeuvre, they retain the raw, expressive energy of his early works while also displaying the personal torment which would lead to his eventual demise.

Central to the present lot is a cipher-like skull which could be read as a selfportrait. The haunting, ghost like figure with its hollow eyes, while clearly referencing African tribal masks, could be alluding to the institutional racism Basquiat perceived within modern American society and the New York art world. His interest in Black history is constant throughout his career, but from this moment on an obsession with mortality permeates his art, to the point where his final work is apocalyptically titled Riding with Death.

In addition to the central black skull, there are several other depictions of skulls found in Untitled amongst the colour facsimiles collaged to the canvas.

It is well known that Basquiat had a fascination with the human anatomy; as a child, while recovering in hospital from an accident, his mother gave him a copy of Gray’s Anatomy. Although self-taught, he was keenly aware of the history of art and Leonardo da Vinci’s numerous drawings of the human skull. Far from being scientifically accurate, Basquiat’s renditions are raw and chilling, powerfully capturing the angst and rage that must have inhabited the tormented soul that he was.

The last, but certainly not the least, of the motifs of note in Untitled is Basquiat’s use of words. Found throughout his oeuvre, Basquiat’s consciously child-like scribbles and cryptic writings are known to have been influenced

by Jean Dubuffet and Cy Twombly. While painting in the basement of Annina Nosei’s gallery, Basquiat had a book open to pages illustrating Twombly’s large, lyrical compositions which incorporate text and image. Whether crossed out, repeated, or naively spelled, Basquiat’s words are testament to his communicative power, an ability he so cruelly lacked in the real world but which so poignantly and powerfully expressed itself in his artistic endeavour. On his exceptionally personal, self-reflective and vulnerable approach, Basquiat’s early dealer Tony Shafrazi has said “his use of text is too deeply hermetic and coded to be directed to a particular class in a glib or knowing fashion. Since his scrawls are often auto-biographical in nature, and chronicle a tumultuous personal life and journey, they are possessed of a more unconscious desire to confess or report. Basquiat’s early graffiti grew out of an instinct of primal expression that was more in line with the historical origins of the art” (Tony Shafrazi, Jean-Michel Basquiat, New York, 1999, p. 13).

From top: detail of the present lot; Leonardo da Vinci, View of a Skull, c. 1489; detail of the present lot; Cy Twombly, Second Voyage to Italy, 1962; opposite: Jean-Michel Basquiat, 10 February 1988, photo: Schlomoss, Paris

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15 MARTIN KIPPENBERGER 1953 –1997 Antikriegsmuseum – Befehl im Museum für unnötige Kriegsforschung, 1984 Oil on canvas. 159.7 × 133.7 cm (62 7/8 × 52 5/8 in).

Estimate £250,000 – 350,000 $408,000–571,000 €283,000–396,000 ‡ Provenance: Galerie Barbara Weiss, Berlin; Galerie Wewerka, Berlin; Private Collection,

New York; Galerie Max Hetzler, Berlin

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Often referred to as the enfant terrible of his generation, Kippenberger’s

living in what was then West Germany, the perspective Kippenberger took

diverse approach to painting, together with his unique artistic twists and

is one that enunciates the stark truth behind that period of history. Using

turns has influenced the contemporary art scene and artists working today,

his quintessential deadpan humour, Kippenberger playfully undermines

both in content and form. Although it has been a dozen years since his

the Communist dictatorial regime which, instead of holding free and open

untimely death, the artist’s iconoclastic attitude to painting has kept his

elections, the party repressed any political opposition instead.

spirit very much alive. His oeuvre has been recognised for its formal merits and artistic relevance – Kippenberger is one of the icons of his time. As a

Kippenberger’s refusal to adopt a specific style and medium in which to

post-war child of a country coming to terms with its past, Kippenberger

disseminate his images resulted in an extremely prolific and varied oeuvre

became best known for his large-scale canvases covered with thickly

which includes an amalgam of sculpture, paintings, works on paper,

applied paint that frequently confronted his viewers with juxtapositions

photographs, installations, prints and ephemera. For Kippenberger there

of motifs and ambiguous titles. His works often took on a humorous and

were no boundaries; his artistic understanding and the execution of his ideas

ironic approach, trying to deal with a collective past which would otherwise

were as complex as his visual lexicon and each product of his enormously

overshadow the physical substance of his art at the time of its execution.

productive lifetime stands as evidence of his genius.

Kippenberger’s paintings have quoted, mocked and comically blended traditional composition and formal arrangement with vibrant colours and unique perspective. His personal exploration as artist helped him to produce

“The boundaries between art and life, public and private, were not so

paintings influenced by photorealism and impasto-laden figuration to

much traversed in Kippenberger’s enterprise as they were destabilized

quirky, architecturally inspired abstraction, Euro-Pop and paintings with

through his embrace of their contradictions. That instability is fundamental

unconventional media.

to his challenge to the spectator. To encounter a work by Kippenberger is to experience the discomfort and embarrassment of getting too close,

Throughout the 1980s, Kippenberger’s artwork underwent periods of strong

of knowing more than one would wish to know or admit, of confronting

political reflection. Using stark imagery and appropriating symbols from

something that is banal and annoying, that dismisses received notions

everyday life, the present lot, painted in 1984, seems to depict a ballot box,

of right or wrong. His work is not simply about getting to the truth or

a table with a small hatch at the top in which voters can cast their vote into

unearthing dirty secrets, but about uncovering the mechanisms that

a cubic receptacle. The painting’s desolate feel and overbearing use of the

produce meaning and the ways in which they define the role and position

colour red, however, conjures up feelings of Communist East Germany. The

of the artist.”

sparse accommodations we witness in the painting, combined with the muted colours and pseudo-futuristic architecture of the interior scene, all

(A. Goldstein, ‘The Problem Perspective: Martin Kippenberger’, in

suggest the way of life in Communist-occupied East Germany. As an artist

exhibition catalogue, The Problem Perspective, Cambridge, 2008, p. 40)

Clockwise from top left: Paul Cézanne, Still Life with Curtain, Jug and Compotier, 1893–94; Vincent van Gogh, Chaise, 1888; Gerhard Richter, Table, 1962; Pablo Picasso, Girl Reading, 1935. Opposite: Martin Kippenberger at Comer See exhibition, Galerie Gisela Capitain, Cologne, 1988

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16 DAN COLEN b. 1979 Untitled, 2008 Chewing gum and gum wrappers on canvas in the artist’s frame. 104.3 × 78.9 cm (41 × 31 in). Signed and dated ‘Dan Colen 2008’ on the overlap; signed ‘Daniel Colen’ on a label adhered to the reverse. This work is accompanied by a certificate of authenticity.

Estimate £25,000–35,000 $40,800–57,100 €28,300–39,600 Provenance Peres Projects, Berlin

“The inspiration for my series of gum paintings first came to me when I was working on my papier-mâché boulders. It originated from me imagining ‘secret’ places – in the woods, by the train tracks, in sewer ditches – where teenagers would congregate to get drunk, smoke weed, talk about the universe, and make out. So the boulders are all covered in spray paint and bird shit and chewed-up gum. I was using little pieces of acrylic medium to mimic real gum, and to help me figure out how to make it look realistic I would stick gum to pieces of foamcore to copy from. One day I looked at the foamcore and was like, oh, hey, that looks awesome. So I started making canvases of just the gum.

“When I first started, the canvases were very sparse. Each one would have 20 or 30 pieces of chewed gum placed apart from each other randomly around the canvas. I took a break from making the gum paintings for a while, and when I picked them up again after a few months, I really went for it. It slowly developed into a more elaborate and involved process. I started adding a lot more gum to each canvas; I would put pieces down, pick them up again, move ’em around, stretch them out, mush ’em together, and mix flavors to create new colors.

“I started using the gum like paint. Certain canvases would have gum stretched from the center outward, creating ‘hypnotic’ spirals. I’ve also done a series of Bazooka Joe joke paintings, with the comics stuck to the gum. But most of the pieces are just about playing with the gum and building up layers until they finish themselves. They turn into a mess but remain beautiful. They sometimes remind me of Cecily Brown’s paintings. Not that I believe they capture a similar amount of intensity or beauty – it’s a more self-indulgent impulse. I’m a big fan of her work and my mind can’t help but stray there, but it’s only a fantasy and I do recognize that they are completely different things.

Cecily is able to transform paint. I unfortunately have to be much more literal and actually use gum instead of paint.”

(The artist, quoted in A. Kellner, ‘SUCK ON THIS, Dan Colen Chews Our Ears Off About His Gum Paintings (Get it?)’ in Vice, 2008)

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17 GEOrGE CONDO b. 1957 Father and Son, 2008 Oil on linen. 203.2 × 203.2 cm (80 × 80 in).

Estimate £250,000–350,000 $408,000–571,000 €283,000–396,000 ‡ Provenance Acquired directly from the artist exhibited Paris, Fondation Dina Vierny – Musée Maillol, George Condo: The Lost Civilization,

17 April – 17 August 2009

“George Condo makes frequent reference to the works of Velazquez and Manet, but also to Greuze and Fragonard, Delacroix and Goya, and repeatedly to Picasso. What interests him are how paintings function, how illusions are created, and how stories are told. Yet however important this reference to tradition is, it does not determine the primary appearance of his works.

Attention is what Condo’s figures initially demand, located as they are between the grotesque and the comic, protagonists caught between comedy and tragedy. Only on closer observation does the degree emerge to which his way of painting, his composition and his concept of the figure govern the actual attraction of his paintings, and how complex and independent is his engagement with a very personal tradition. Nothing could be further from Condo’s mind than being an epigon – rather his work absorbs the other.

“The main point is not the reference to the tradition, but his own pictorial invention, into which he playfully integrates what he has seen and learnt, all the while testing and questioning this as to its suitability. The deliberately used breaks bear witness to a critical distance to what he has adapted, as well as to his own artistic practice: whereby neither his concept of motif nor his style, nor his technique indicate continuity. The resulting disparity underscores the hallucinatory force of what is depicted. Condo paints pictures that exhaust the whole spectrum of an illusionist, figurative and narrative idiom, and at the same time address the issue of the painting as an artificial construct, above and beyond reality.”

(M. Brehm, ‘Tradition as Temptation. An Approach to the ‘George Condo Method’,’ in T. Kellein, ed., George Condo: One Hundred Women, exhibition catalogue, Salzburg, Museum der Moderne, 2005, pp. 19–20).

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18 JEAN-MiChEL BAsquiAt 1960–1988 Cash Crop, 1984 Oil and acrylic on canvas. 182.9 × 243.8 cm (72 × 96 in). Signed, titled and dated ‘Jean-Michel Basquiat Cash Crop 1984’ on the reverse. This work is accompanied by a certificate of authenticity issued by the Authentication Committee of the Estate of Jean-Michel Basquiat.

Estimate £600,000–900,000 $978,000–1,470,000 €678,000–1,020,000 ‡ Provenance Larry Gagosian Gallery, New York; Private Collection exhibited Vienna, Kunsthaus, Jean-Michel Basquiat, 1999 literature Exhibition catalogue, Kunsthaus, Jean-Michel Basquiat, Vienna, 1999, p. 87

(illustrated); E. Navarra, Jean-Michel Basquiat, Paris, 2000, p. 214 (illustrated)

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Opposite: Jean-Michel Basquiat in Great Jones Street studio, New York, 1985, photo: Lizzie Hinnel; above: Paul Gauguin, Pastorales Tahitiennes, 1892; below: Diego Rivera, The Sugar Cane Industry from Historia de Morelos, Conquista y Revolución, 1929–30 (detail)

The present lot, Cash Crop, a large scale and expressive canvas, was painted

Diego Rivera whose famous murals of labourers Basquiat must have been

during the summer of 1984 during Basquiat’s first visit to the island of Maui in

aware of.

Hawaii, at a time when he was at the height of his fame and powers. Attracted by the island’s natural beauty and warm climate, Basquiat rented a secluded

In addition to Rivera, the late 19th-century French master Paul Gauguin also

ranch in the tropical rain forest at Hana, and he would return there every

influenced Jean-Michel Basquiat’s work, an influence clearly seen in Cash

summer until his untimely death in 1988. Hawaii became Basquiat’s paradise,

Crop. Like Basquiat, Gaugin escaped his native France for a distant tropical

an escape from the racism of the New York art world and from his heavy

island, Tahiti, in order to purge himself of his artificial and conventional life.

heroin addiction. On Maui, no one knew of his fame and wealth; he wandered

Like Basquiat in Hawaii, Gauguin lived as a local in Tahiti, where he sided with

the streets of the island barefoot and slept in one of

the natives in clashes with the French colonial government.

the local’s fruit stands, an experience which must

Like Basquiat in Cash Crop, Gauguin painted the strikingly

have taken him back to his teenage days when

beautiful landscape of his adopted island using expansive

he was homeless and slept in cardboard boxes in

areas of bold, saturated colour, a revolutionary painting style

Manhattan’s slums.

which would spur the Fauvist and Expressionist movements that, in turn, clearly influenced Basquiat. History will record

In typical Basquiat style, Cash Crop is vigorously

both Gauguin and Basquiat as artists far ahead of their

painted, executed with dynamic, powerful

respective times both stylistically and thematically. Their

brushstrokes of intense raw colour. Its reddish

extravagant lifestyles may have been somewhat mythified,

brown foreground is indicative of Hawaii’s rich soil,

but their brilliant and influential oeuvres are only too

its blue background of the clear skies and its golden

apparent, as are their sadly premature deaths – a lonesome

yellow of the brilliant sun. Central to the composition

man, Gauguin died of syphilis in jail.

is a sugar cane plant, the raw ingredient in the condiment which Basquiat has represented by

As with all tragic tales, the ending is heart wrenching and

writing the word SUGAR on a black box. Cash

unfortunately Jean-Michel Basquiat’s is no different. For

Crop poignantly examines an important theme that

those few years Hawaii was his safe haven, but it would also

recurs throughout Basquiat’s oeuvre – the legacy of

prove to be the beginning of his demise. It is said that in the

the colonial enterprise and his relationship to that

summer of 1988, at the end of what would be his last stay

legacy. From the late 15th century and Christopher

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on the island, Basquiat, while in the parking lot of Hana’s

Columbus’ first voyage to the Americas, sugar cane, abundant in Hawaii,

local store with a friend and his girlfriend, Kelle Inman, was confronted by a

was a cash crop for the white European colonizers, who used African

white man who repeatedly called him a “nigger”. An extremely upset Basquiat

slaves throughout the Caribbean to cultivate the crop. Jean-Michel

immediately broke down exclaiming “Not here. Not here …” His paradise had

Basquiat, whose father was from Haiti, one the world’s largest producers

just been shattered. Upon his return to New York, a depressed Basquiat, who

of sugar during the Colonial era, empathized with the plight of the

had shown signs of controlling his drug addiction, went on one last binge,

African slaves and commemorated their sacrifice in the present work. His

mixing cocaine and heroin. On the 12th of August 1988, Kelle Inman would

endeavour and approach is reminiscent of the Mexican communist painter

enter his studio to find her boyfriend lifeless.

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19 BANKSY b. 1975 Vandalised oil # 001, 2001 Oil and spray enamel on found canvas in the artist’s frame. 61.5 × 71.5 cm (24 1/4 × 28 1/8 in).

Signed with artist stencilled insignia ‘BANKSY’ lower right. This work is accompanied by a certificate of authenticity issued by Pest Control.

Estimate £60,000–80,000 $97,800–130,000 €67,800–90,400 ♠ Provenance Acquired directly from the artist. exhibited London, Cargo Nightclub, Banksy, 2001 literature Banksy, Banging Your Head Against a Brick Wall, London, 2001 (illustrated)

“If you want to survive as a graffiti writer when you go indoors I figured your only option is to carry on painting over things that don’t belong to you there either.”

(The artist, quoted in Banksy, Wall and Piece, London, 2006, p. 161)

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20 PIERO MANZONI 1933–1963 Achrome, c. 1962 Mixed media on canvas with newspaper, wax, sealing rope and lead.

31 × 41 cm (12 × 16 1/8 in).

Estimate £120,000–180,000 $196,000–293,000 €136,000–203,000 ‡ Provenance Gallery 44, Kaarst, Germany; Private Collection, Düsseldorf; Marisa Del Re

Gallery, New York; Hirschl & Adler Modern, New York; Peter Blum Gallery, New York; Robert Miller Gallery, New York; Barbara Mathes Gallery, New York; Betty Cuningham Gallery, New York; Private Collection, Milan; Private Collection, New York; Private Collection, Switzerland exhibited Rotterdam, Museum Boijmans Van Beuningen, La Métamorphose de l’Objet,

1971; New York, Hirsch & Adler Modern, Piero Manzoni, 1990; Basel, Kunsthalle, Transform.

Bild – Objekt – Skulptur im. 20 Jahrundert, 1992; New York, Hirschl & Adler Modern, Sculpture: Apfelbaum, Beuys, MacDonald, Manzoni, 1995 literature Exhibition catalogue, Museum Boijmans Van Beuningen, La Métamorphose de

l’Objet, Rotterdam, 1971, p. 137 (illustrated); exhibition catalogue, Hirsch & Adler Modern, Piero Manzoni, New York, 1990, p. 73, pl. 23, p. 97, no. 23 (illustrated); Freddy Battino & Luca Palazzoli, Piero Manzoni Catalogue Raisonné, Milan, 1991, p. 449, no. 1006 (illustrated); exhibition catalogue, Kunsthalle, Transform. Bild – Objekt – Skulptur im. 20 Jahrundert, Basel, 1992, p. 107 (illustrated); Germano Celant, Piero Manzoni Catalogo Generale, Vols. I–II, Milan, 2004, p. 376, p. 550, no. 1053 (illustrated)

“The difficulty lies in freeing oneself from extraneous details and useless gestures that are polluting the customary art of our day and sometimes actually acquire such prominence that they become banners of artistic trends. The customary conception of the painting itself must be abandoned.”

(Piero Manzoni, Art is not a true creation, Milan, 1957, pp. 76–77)

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21 AI WEIWEI b. 1957 Dropping a Han Dynasty Urn, 1995 Triptych: black and white photographs. Each: 148 × 121 cm (58 1/4 × 47 5/8 in). This work is from an edition of eight and is accompanied by a certificate of authenticity.

Estimate £70,000–90,000 $114,000–147,000 €79,100–102,000 ‡ Provenance Michael Goedhuis Contemporary, New York; The Estella Collection, New York;

literature C. Merewether, ed., Ai Weiwei – Works: Beijing 1993–2003, Beijing, 2003, pp. 66–67

Private Collection, Switzerland

(illustrated); C. Merewether, ‘Ruins in Reverse’, in C. Merewether, ed., Ai Weiwei. Under

exhibited Beijing, China Art & Archives Warehouse, Misleading Trails, 14 August –30 September

Construction, Sydney, 2007, pp. 25–127 (illustrated pp. 26 and 59); D. Coggins, ‘Ai Weiwei’s Humane

2004 (another example exhibited); New York, Robert Miller Gallery, Ai Weiwei, 9 September–

Conceptualism’, Art in America, September 2007; P. Tinari, Ai Weiwei – Works: 2004–2007, Beijing,

9 October 2004 (another example exhibited); Altgeld Gallery at Northern Illinois University,

2007, p. 10; C. Merewether, Made in China, New York, 2007, pp. 146–151 (illustrated); A. Kold,

Misleading Trails, 18 January–13 May 2005 (another example exhibited); Denton, University of

C. Barberi, M.J. Holm, eds., China Onward: The Estella Collection, Chinese Contemporary Art, 1996–

North Texas Gallery, 25 April – 2 July 2005 (another example exhibited); Winston-Salem, Charlotte

2006, Humlebæk, 2007, pp. 22–25 (illustrated); K. Smith, ‘Portrait of the Revolutionary as an Artist’,

and Philip Hanes Art Gallery at Wake Forest University, 22 August – 2 October 2005 (another

Art in Asia, May–June 2008, pp. 58–64 (illustrated); R. Cooke, ‘Cultural Revolutionary’, The Observer,

example exhibited); Nashville, Fine Arts Gallery at Vanderbilt University, Nashville, 13 October –

6 July 2008; A. Pasternak, ‘Reluctant Return for a Beijing Provocateur’, New York Sun, 7 March

9 December 2005 (another example exhibited); St. Mary’s City, Boyden Gallery at St. Mary’s

2008; J. McDonald, ‘Destruction and Creation’, Sydney Morning Herald, 17 May 2008 (illustrated);

College of Maryland, 17 January – 4 March 2006 (another example exhibited); Saratoga Springs,

‘Mr. Big’, Frieze, Issue 116, June–August 2008 (illustrated)

Schick Art Gallery at Skidmore College, 13 June – 22 September 2006 (another example exhibited); Lewisburg, Samek Art Gallery at Bucknell University, 5 October – 19 November 2006 (another example exhibited); Brisbane, Queensland Art Gallery, Fifth Asia-Pacific Triennale of Contemporary Art, 2 December 2006 – 27 May 2007 (another example exhibited); Humlebæk, Louisiana Museum of Modern Art, Made in China: Works from the Estella Collection, March – August 2007; Jerusalem, The Israel Museum, Made in China: Contemporary Chinese Art at the Israel Museum, September 2007 – March 2008; Campbelltown, Sherman Foundation of Contemporary Art, Ai Weiwei: Under Construction, 2 May – 29 June 2008 (another example exhibited); Liverpool, Liverpool Biennale, 20 September – 30 November 2008 (another example exhibited); Tokyo, Mori Art Museum, Ai Weiwei: According to What?, 25 July – 8 November 2009 (another example exhibited)

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Dropping a Han Dynasty Urn is perhaps the most famous example of

Neolithic age to the Han Dynasty. Ai’s photography exudes an openly

Ai Weiwei’s iconoclastic phase in the mid-1990s. A constant in Ai’s diverse

revolutionary strain compared to his subtler sculptural works: June 1994 depicts

accomplishments in art, architecture and other activities is the artist’s

his wife, the artist Lu Qing, with upraised skirt in a seemingly ordinary gesture

unrelenting scrutiny of structures of power and the advocacy of independent

in Tiananmen Square; the Study of Perspective series shows the artist’s middle

thought. Ai spent his early childhood in Inner Mongolia where his father,

finger cheerfully poised at various international monuments. Dropping a Han

the famed poet Ai Qing, was exiled during the Cultural Revolution. After the

Dynasty Urn is a painstakingly deliberate close-up of the split seconds required

family’s return to Beijing, a disillusioned Ai left China for the United States

to permanently transform an artifact that had survived for over 2000 years.

where he would spend more than a decade. He returned to Beijing in 1993 and is today the most celebrated cultural commentator of independent spirit

The tripartite documentation of this now-famous act is the perfect illustration

working in China. Ai’s artwork in his New York days was heavily influenced

of Newton’s three Laws of Motion: a poker-faced Ai holding the urn (the law of

by Duchamp, Johns, and Rauschenberg, focusing on the nature of and

inertia), the urn dropping in midair (the law of resultant force), and the vessel’s

relationship between found objects.

fragments at his feet (the law of reciprocal actions). While the triptych gained notoriety as an iconoclastic gesture, it encapsulates several broader constants

After his return to China in 1993, his work grew increasingly iconoclastic,

in Ai’s work: the socio-political commentary on the random nature of vectors

formally breaking down traditional representations of authority and

of power; questions of authenticity and value (vis-à-vis the artist’s comment

authenticity into surreal, sometimes disconcerting, yet always elegant new

that the value of Dropping a Han Dynasty Urn has today exceeded that of the

wholes. His favoured subjects were traditional Ming and Qing Dynasty

once-prized urn itself), and the cycle of creative destruction necessary for any

furniture (the Furniture series) and urns and ceramics ranging from the

culture’s survival and evolution.

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22 GAVIN TURK b. 1967 Oi!, 1998 Triptych: R-type photographs in the artist’s frames. Each: 243.5 × 197 cm (95 7/8 × 77 1/2 in).

This work is from an edition of three.

Estimate £20,000–30,000 $32,600–48,900 €22,600–33,900 ♠ † Provenance Jay Jopling, London exhibited South London Gallery, Gavin Turk: The Stuff Show, 9 September – 18 October 1998

(another example exhibited); Carlisle, Tullie House Museum and Art Services, Stranger than Fiction: Photographs, Video and Film by Artists Living in Britian, 10 July – 12 September 2004 (another example exhibited) literature A. Farquharson & J. Compston, Gavin Turk: Collected Works 1994–98, London,

1998 (illustrated)

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“Oi! is a triptych of life-size photographs of the artist dressed as a tramp, one

fare home. Bum is the waxwork version of Oi!. The pose echoes an inebriated

eyelid closed, pointing a limp finger at a half-imagined adversary, mirroring

Pop. It is a verisimilitude of Turk in the guise of a tramp, wearing some of his

the stance of Sid in Pop. The piece developed out of his uncommissioned

own old clothes. The clothes have been subjected to processes reminiscent

performance as a wino at the private view of Sensation at the Royal Academy.

of 60s body art: Turk has urinated in the trousers and worked up some rancid

The mammoth exhibition was widely considered the apotheosis of the young

underarm sweat to achieve a mock-abject trace of his own corporeality in

British artist scene, and its institutional absorption. Turk’s ‘performance’ –

what is otherwise simulacra.”

which is what much private view behaviour in any case is – pointed towards the confused social identity of today’s artists who might find themselves

(Alex Farquharson, ‘Tonight, Manzoni, I’m Going to be Gavin Turk’, in Gavin

entertained at a rich collector’s home only to find they cannot find the bus

Turk. Collected Works 1994–98, London, 1998)

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23 GRAYSON PERRY b. 1960 Transvestite Brides of Christ, 2000 Glazed earthenware. 40 × 33 × 33 cm (15 3/4 × 13 × 13 in).

Estimate £20,000–30,000 $32,600–48,900 €22,600–33,900 ♠ † Provenance Laurent Delaye Gallery, London

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(Alternative view)

“Pottery is seen by the art world as some sort of precious next-door neighbour,

are part of me and fascinate me, and I feel I have something to say about them.

rather than as something in which you can produce expressive art. If you call

Awkwardness is one of my key words. My work is criticised for being ham-

your pot art you’re being pretentious. If you call your shark art you’re being

fisted or pernickety or cobbled together, but for me those are the only ways of

bold and philosophical. A lot of my work has always had a guerilla tactic, a

expressing what I want. I’ve got a complete horror of minimalism or of art that

stealth tactic. I want to make something that lives with the eye as a beautiful

is not emotionally open.”

piece of art, but on closer inspection a polemic or an ideology will come out of it. I have used imagery that some people find disturbing. I use such materials

(Grayson Perry as quoted in S. Jeffries, ‘Top of the Pots’, Guardian,

not to deliberately shock but because sex, war and gender are subjects that

21 November 2003)

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24 PhIlIPPE PASqUA b. 1965 Marie, 2006 Oil on canvas. 279.4 × 348 cm (110 × 137 in). Signed, titled, and dated ‘Pasqua Philippe ‘Marie’ 2006’ on the reverse.

Estimate £30,000–50,000 $48,900–81,500 €33,900–56,500 ♠ ‡ Provenance Acquired directly from the artist

“Because of certain aspects of Pasqua’s style (think impasto, capricious coloration, his subjects’ mottled flesh and distressed features), as well as his habit of painting multiple pictures of the same people, certain comparisons suggest themselves. But Pasqua is less sadistic than Frank Auerbach, less cynical than Francis Bacon, and more reverential than Lucian Freud in imposing abstraction’s formal concerns onto the armature of the figure.

His goals are not those of traditional portraiture; there is no narrative, no operation of projection or identification, no profound study of the anatomy.

Pasqua engages with surfaces – skin, canvas, wall – and that’s where the action is. Even a coin-size passage in any one of these paintings contains a grain of Abstract Expressionism at its most effervescent alongside byzantine aggregations of color and rugged topography rendered with directness and finesse – a seduction in which Pasqua seems to be stage manager, actor, and one of the seduced.”

(S. Dambrot, ‘Philippe Pasqua’, Modern Painters, New York, September 2006, p. 103)

Lucien Freud, Benefits Supervisor Sleeping, 1995

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25 WIm DElVOYE b. 1965 Untitled (Pierre), 2005 Tattooed pigskin. 166 × 136 cm (65 1/2 × 53 1/2 in). Signed and titled ‘W Delvoye PIERRE’ on the reverse.

Estimate £40,000–60,000 $65,200–97,800 €45,200–67,800 ♠ Provenance Private Collection, London

PAUL LASTER: When did you first start tattooing pigs and what was your original concept for the work?

WIM DELVOYE: I started in 1992, did one or two pigs in 1994 and in 1995 I tattooed fifteen, but they were dead pigs; I got the skins from slaughterhouses. I started to tattoo live pigs in 1997. I was interested in the idea of the pig as a bank – a piggy bank. I didn’t have the concept formulated yet, but I decided to place some small drawings onto these living organisms and let them grow. From the beginning, there was the idea that the pig would literally grow in value, but I also knew that they were considered pretty worthless. It’s hard to make something as prestigious as art from a pig. It’s not kosher.

(Paul Laster, ‘Bringing Home the Bacon: Wim Delvoye’, ArtAsiaPacific, 30 September 2007, pp. 154–59)

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26 jONAThAN mEESE b. 1970 PSSST, diese geile BienenköniGinnin schenkt sich den Melonenfischi zum Geburtstag, DU LeCkerMäULChen “rendamez”, 2007 Mixed media on canvas in three parts. 210 × 420 cm (82 3/4 × 165 1/2 in). Signed, titled and dated ‘J Meese 07 PSSST, diese geile BienenköniGinnin schenkt sich den Melonenfischi zum Geburtstag, DU LeCkerMäULChen “rendamez” ’ on the reverse of each panel.

Estimate £60,000–80,000 $97,800–130,000 €67,800–90,400 ♠ Provenance Sies + Höke Galerie, Düsseldorf

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Berlin has attracted increased attention as a mecca for young artists and a site

“The dictatorship in art is the only possible anti-nostalgic world view for the

of significant artistic production, and Jonathan Meese has emerged as that

future. Art is not religion, but every religion is art. The usurpation of power by

scene’s reigning bad boy. Far from playing the role of the self-indulgent enfant

‘that thing called art’ is the only solution. Sorry.”

terrible, however, Meese’s reputation stems from his status as a self-proclaimed cultural exorcist, an artist-prophet with little choice but to allow his energy and

(Jonathan Meese, in H. W. Holzwarth, Art now, Vol. 3, Cologne, 2008, p. 314)

vision to be a vessel for an artistic force greater than himself. Since attending the Hochschule für bildende Künste in Hamburg, Meese has exploded into public consciousness with a flurry of paintings, sculptures, installations and performances, producing terrifying visions of the future with the help of his voracious appetite for cultural iconography and a viscerally primitive style reminiscent of De Kooning and Jean-Michel Basquiat.

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27 ANSELM REYLE b. 1970 Untitled (für Otto Freundlich), 2005 Mixed media on canvas. 415 × 192 cm (163 3/8 × 75 1/2 in). Signed and dated ‘Anselm Reyle 2005’ on the overlap.

Estimate £60,000–80,000 $97,800–130,000 €67,800–90,400 ♠ Provenance Galerie Giti Nourbakhsch, Berlin exhibited Kunsthalle Zurich, Ars Nova, 21 January – 26 March 2006 literature Exhibition catalogue, Kunsthalle Zürich, Ars Nova, Zurich, 2006 (illustrated)

In Untitled (für Otto Freundlich), Anselm Reyle pays tribute to one of Abstraction’s unsung heroes. Reworking the fractured aesthetic of Freundlich’s paintings, Reyle’s mixed media on canvas conveys a kaleidoscope effect, with different patches of colours symbolizing different emotions from happiness to sadness, elation and mourning. The medley of bright hues, in various hard-edged straight-lined geometric shapes and forms, composed in a collage technique, encapsulates a strong sense of celebration and optimism. Reyle is one of few German contemporary painters to examine lessons of abstraction, as he constantly seeks to explore the notion of German culture and identity, by re-working and re-evaluating the primary surface of a painting, that has become the predominant artistic style throughout his body of work.

“I liked Otto Freundlich’s paintings already when I was a child. I think in his time his colourful abstract paintings were quite unusuaI. I work with the principal of his composition. So it’s a homage to him.” (The artist)

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28 PEtER HALLEY b. 1953 Soul control, c. 1991 Day-Glo acrylic, acrylic and Roll-a-Tex on canvas in two parts. 228.6 × 236.5 cm (90 × 93 in).

Estimate £40,000–60,000 $65,200–97,800 €45,200–67,800 Provenance Sidney Janis Gallery, New York; Galerie Thaddaeus Ropac, Paris; Private

Collection, Austria exhibited New York, Sidney Janis Gallery, Conceptual Abstraction, November –December 1991

“The deployment of the geometric dominates the landscape. Space is divided into discrete, isolated cells, explicitly determined as to extent and function.

Cells are reached through complex networks of corridors and roadways that must be traveled at prescribed speeds and at prescribed times. The constant increase in the complexity and scale of these geometries continuously transforms the landscape. Conduits supply various resources to the cells.

Electricity, water, gas, communication lines, and, in some cases, even air, are piped in. The conduits are almost always buried underground, away from sight. The great networks of transportation give the illusion of tremendous movement and interaction. But the networks of conduits minimalize the need to leave the cells. The regimentation of human movement, activity, and perception accompanies the geometric division of space. It is governed by the use of time-keeping devices, the application of standards of normalcy, and the police apparatus. In the factory, human movement is made to conform to rigorous spatial and temporal geometries. At the office, the endless recording of figures and statistics is presided over by clerical workers.”

(Peter Halley, ‘The Deployment of the Geometric in Effects’, New York, no. 3, Winter 1986)

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29 GERHARD RICHtER b. 1932 Abstraktes Bild (707–1), 1989 Oil on canvas. 61.6 × 82.6 cm (24 1/4 × 32 1/2 in). Signed, dated and numbered ‘707–1 Richter 1989’ on the reverse.

Estimate £350,000–550,000 $571,000–897,000 €396,000–622,000 ♠ ‡ Provenance Volker Diehl, Berlin literature Angelike Thill, et al., Gerhard Richter: Catalogue Raisonné 1962–93, Vol. III,

Ostfildern, 1993, no. 707–1 (illustrated)

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to do in each picture is to bring together the most disparate and mutually contradictory elements, alive and viable, in the greatest possible freedom,” (M. Hetschel and H. Friedel, eds., Gerhard Richter 1998, London, 1998, p. 11).

Ironically, this freedom is achieved through a rigorous and meticulous painting technique involving layers upon layers of paint and a squeegee.

As each layer is applied the squeegee is passed over the pigment revealing fresh unpredictable configurations of fields of colour. The masterful final result both reveals and conceals paint undermining a perceptual depth to the painting.

“I do not pursue any particular intentions, system, or direction. I do not have a programme, a style, a course to follow. I have brought not being interested in specialist problems, working themes, in variations toward mastery. I shy away from all restrictions, I do not know what I want, I am inconsistent, indifferent, passive; I like things that are indeterminate and boundless, and I like persistent uncertainty. Other qualities promote achievement, acquisition, success, but they are as superseded as ideologies, views, concepts and names for things. Now that we do not have priests and philosophers any more, artists are the most important people in the world. That is the only thing that interests me.”

(Gerhard Richter, artist statement from 1966, in N. Serota, ed., Gerhard Richter, London, 1992, p. 109).

“If I paint an abstract picture I neither know in advance what it is supposed to look like, nor where I intend to go when I am painting, what could be done, to what end. For this reason the painting is a quasi blind, desperate effort, like that made by someone who has been cast out into a completely incomprehensible environment with no means of support – by someone who has a reasonable range of tools, materials and abilities and the urgent desire to build something meaningful and useful, but it cannot be a house or a chair or anything else that can be named, and therefore just starts building in the vague hope that his correct, expert activity will finally produce something correct and meaningful.”

(From exhibition catalogue, Gerhard Richter, Tate Gallery, London, 1991, p. 116)

In 1976, having already established a consequential and acclaimed oeuvre, Gerhard Richter gave a painting the title Abstract Painting (Abstraktes Bild in

“What makes Gerhard Richter work? Clearly, in the process of painting,

German), as he was conscious of marking a new start in his work. Resigned

two contrary processes clash. He avoids the act of composition: the

to the impossibility of drafting a valid image of the world, Richter decided

squeegee passes over an existing color interaction, and every time new and

to adopt the principle of letting the image come to him rather than creating

unpredictable color forms emerge. The artist’s eye, nevertheless, lives on in

it. What ensued was a pivotal, groundbreaking and still ongoing exploration

the notion of a definitive look to the painting, even though this is not precisely

of the possibilities of paint and painting. Following in the lineage of Monet,

determined. It seems to crystallize only in the course of the successive

Pollock and Rothko, no artist, past or present, can claim to have taken the idea

stages of work, as the gesture with the squeegee constantly generates

of the abstract in painting, in art for that matter, to the extent and length that

new and unpredictable paintings. Completion – which often looks like an

Gerhard Richter has.

arbitrary interruption – marks the point where the personal gesture meets the conscious knowledge that the artist accepts this and no other state of

The present lot is an exemplary work from this abstract series in which each

the painting.”

painting, as the artist describes, is “a model or metaphor that is about a possibility of social coexistence. Looked at in this way, all that I am trying

(Anthony d’Offay Gallery, ed., Gerhard Richter 1998, 1998, p. 14)

From top: Mark Rothko, No. 212, 1962; Claude Monet, Le Pont Japonais, 1918–24; Jackson Pollock, No. 1 1949, 1949; opposite: detail of present lot

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30 DONALD JUDD 1928–1994 Untitled (87-29 Studer), 1987 Painted and unpainted aluminium in two parts. Each: 30 × 360 × 30 cm (11 13/16 × 141 3/4 × 11 13/16 in). Stamped with signature, inscription, number and date ‘AG Donald Judd 87-29 A und B STUDER’ on the reverse of each unit.

Estimate £600,000–800,000 $978,000–1,300,000 €678,000–904,000 ‡ Provenance Galerie Lelong, Paris; Galerie Jamileh Weber, Zurich literature Exhibition catalogue, Sprengel Museum Hannover and Kunsthaus

Bregenz, Donald Judd Colorist, Hannover, 2000, p. 63 (illustrated)

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“Johannes Itten wrote in 1916: ‘Form is also colour. Without colour there is

In a manner reminiscent of his German peer Gerhard Richter, Judd chose his

no form. Form and colour are one.’ It never occurred to me to make a three

bright paint colours from the RAL Colour Chart, a standard industrial chart of

dimensional work without colour. I took Itten’s premise, which I had not read,

commercial paint colours, and then applied the paint to his sculptures directly

for granted … Colour is like material. It is one way or another, but it obdurately

from its tin unaltered. While some modules of Untitled (87-29 Studer) are left

exists. Its existence as it is the main fact and not what it might mean, which

as raw unpainted aluminium and others painted plain white or black, several

may be nothing … Colour, like material, is what art is made from. It alone is

interspersed modules are covered in Capri blue, golden yellow and traffic

not art. Itten confused the components for the

orange, lending the overall composition a certain

whole. Other than the spectrum, there is no

poetic flow. The composition’s rhythmic beat is further

pure colour … I like the colour [red] and I like

enhanced by the alternating sizes of the open boxes

the quality of Cadmium Red Light. [It has] the

screwed to one another recalling the classic grids of

right value for a three-dimensional object. If you

abstract colourist painter Piet Mondrian.

paint something black or any dark colour, you can’t tell what its edges are like. If you paint it

“Judd’s interest in color is closely connected with his

white, it seems small and purist. And the red,

mention of ‘beauty’ as an attribute that could be used

other than a gray of that value, seems to be the

as a criterion in viewing his art. With the group of

only colour that really makes an object sharp

horizontal, sheet-aluminum wall pieces begun in 1983,

and defines its contours and angles.”

where he uses a whole number of colors, this interest took on greater importance. Here color takes on a

(Donald Judd, ‘Some Aspects of Color in

leading role, creative role. Judd used open aluminum

General and Red and Black in Particular’, 1993

boxes in different formats and screwed them together

and as cited in J. Coplans, Don Judd, Pasadena,

to create objects up to 450 cm in length. In addition

1971, p. 25).

he made a number of wall pieces – some high, some two-part. For this group, Judd chose exclusively

The present lot, Donald Judd’s Untitled (87-29

boldly colored gloss paints, which were enameled into

Studer), is one of his largest and most accomplished wall-mounted sculptures

the material by means of a relatively complicated process. Where he had

from the critically acclaimed Swiss Box series. Began in 1983, the series

previously concentrated on a maximum of two colors, now he put together

allowed Judd, a foremost artist of the Minimalist movement, a new-found

complex, strongly contrasting color combinations, generally in multiples of

exuberance as a colourist. Previously, his palette had been largely restricted

two (4, 6, 8 etc.). In doing so, he was careful to distribute the colors so that no

to the colours of raw metals and Plexiglas, but with such works as Untitled

adjacent units were in the same shade.”

(87-29 Studer) Judd started incorporating the brilliant hues of industrial paints in his sculptures treating colour formally as an object.

(D. Elger, ed., Donald Judd: Colorist, Ostfildern, 2000, p. 27).

From top: Gerhard Richter, 256 Farben, 1974; Piet Mondrian, Tableau II, with Red, Black, Yellow, Blue and Light Blue, 1921; Charlotte Perriand and Jean Prouvé, Bibliothèque Maison du Mexique, 1953; opposite: detail of present lot

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31 KENNETH NOLAND 1924 – 2010 Mysteries: Amidst, 1999 Acrylic on canvas. 91.4 × 91.4 cm (36 × 36 in). Signed, titled and dated ‘Kenneth Noland Mysteries: Amidst 1999’ on the reverse.

Estimate £50,000–70,000 $81,500–114,000 €56,500–79,100 Provenance Ameringer Howard Gallery, New York; M. Knoedler & Co., New York;

Ameringer Howard Fine Art, New York; Collection of Steven and Susan Jacobson

The late Kenneth Noland, who died of cancer on the 5th of January this year, will enter the art historical canon for his groundbreaking Colour Field paintings characterised by large expanses of colour painted, stained or poured on canvas. The idea behind this bold oeuvre is to remove attention from the artist’s personal creative acts, the brushstrokes, and instead emphasise the image’s pure visual presence. Educated at the famed Black Mountain College and influential in the Minimalist movement, Noland’s canvases carry a romantic brilliance. The present lot comes from a recent body of work entitled Mysteries in which Noland revisits his most famous motif: the circle or target.

“The Mysteries mark a return to a centered image of nested circles. Like the original Circles of the late 50s and early 60s, they’re thinly painted, but the paint application and consequent color feeling are substantially different.

They’re blatantly evocative. Crisp edged circles amidst misty, amorphous penumbras recall eclipses, full moons, hazy suns. The interactive rippling rhythms of the early Circles have given way to radiance, effulgence, expansion. The Mysteries have taken on a greater amount of evocation than has been present in Noland’s art since his first Circles, surrounded by painterly penumbras, of the late 50s. It’s as if abstraction per se no longer matters, is no longer something to be avoided. Still, the Noland of taut, eloquent formats remains. Where the penumbras of the early Circles were actively and splashily drawn, in Mysteries they’re blurred and hazy, fading as they expand. The crisply-drawn circles within them pin down the illusion in concert with the crisp framing edge of the square canvas. In effect the amorphousness of the penumbra is contained and pictorialized by both center and edge. These paintings have nothing to prove. Among the most serene paintings that Noland has made, they’re pared down, simple, essentially beautiful.”

(Terry Fenton, Appreciating Noland: Mysteries, 2001)

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32 FrANz AcKErmANN b. 1963 Epicentre 1, 1997 Wall element: oil on canvas in two parts; floor element: oil on panel in three parts. 71 colour photographs. Wall element, overall: 340 × 250 cm (134 × 98 3/8 in); floor element, overall: 160 × 402 × 164 cm (63 × 158 1/4 × 64 1/2 in).

Estimate £70,000–90,000 $114,000–147,000 €79,100–102,000 ♠ Provenance neugerriemschneider, Berlin

“Franz Ackermann is interested in finding a method to deal with this bewitched relationship between space and society. And thus he is much more than just a painter. He is a cosmopolitan who as scout, map-reader, collector, interpreter and constructor searches out and collects diverse text, which he as a travelling observer interprets like a satellite flying close to the ground, gathering information in order to understand the world. With his eyes faithful to his homeland and its geographical relationship clearly in his mind he creates for himself and for us perspectives that could never have been seen in satellite pictures or maps. Ackermann is searching for new logical associations between spatial things, the words that we use to refer to these objects, and the mental images that we create of them.”

(G. Jansen, ‘Comparative Imagology’ in exhibition catalogue, Franz Ackermann: Seasons in the Sun, Stedelijk Museum, Amsterdam, 2002, p. 19)

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33 GArY HUmE b. 1962 Garden Painting #2, 1996 Enamel on aluminium. 170.2 × 221 cm (67 × 87 in). Signed, titled and dated ‘Garden Painting 2 Gary Hume 96’ on the reverse.

Estimate £60,000–80,000 $97,800–130,000 €67,800–90,400 ♠ ‡ Provenance Galerie Gebauer und Thumm, Berlin; Private Collection, Germany exhibited London, Tate Britain, The Turner Prize, 29 October 1996 – 12 January 1997

“Looking at Hume’s paintings, I sometimes experience a kind of deja vu: suddenly I’m back in the 1960s, in a world of second generation post-painterly abstractionists. Then in a children’s nursery, hung with mobiles and colouring book animals. But does a painting like Polar Bear, 1994, belong in a nursery?

This opened-out, green, teddy-bear shape isn’t as benign as it looks. Nor are the animals in the Garden Paintings, 1996, whose images are drawn from a group of fifteenth-century French tapestries, La Dame a la licorne. Hume has kept remarkably close to the original, yet the paintings are anything but a mechanical or anonymous transposition. The animals are disquieting. They seem to be waiting, and watching. Hume’s Snowman is like this too, and if we think of it as a portrait, then we have found ourselves standing behind the figure, looking for a face that we will never see.

“What remains is a strangeness, a sense of things frozen and suspended in the painting’s silence: an owl sitting on a branch, a rabbit munching a leaf, a closed door, bare feet on black grass, a face. Hume’s paintings sometimes allude to feelings – Scared, Begging For It, Fear, Poor Thing – but they don’t explain those feelings, nor do they illustrate them. Hume’s paintings present us with arrested images.”

(Adrian Searle, ‘Behind the Face of the Door’, in exhibition catalogue, Gary Hume: Carnival, Matthew Marks Gallery, New York, 2004)

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34 HErmANN NITScH b. 1938 Golden Love, 1974 Collage, coloured crayon, gouache and felt-tip marker on paper laid on canvas.

158 × 323 cm (62 1/4 × 127 1/8 in).

“Nitsch’s endeavour to initiate the ritual of rituals must be seen against the broader background of the idea that art is the successor of religion. To phrase it in his own words: ‘To me, art is a kind of priesthood, since traditional religions have lost their spell’. In a manifesto he says of the ‘existential-sacral’

Estimate £30,000–50,000 $48,900–81,500 €33,900–56,500 ♠ † Provenance Galerie Fred Jahn, Munich

painting: ‘We strive for a consequent sacralisation of art and for a thorough spiritualization of existence whereby man becomes the priest of Being’. And ‘man’, such as, of course, Nitsch himself: ‘I am the very expression of the whole creation’.”

(Stefan Beyst, ‘Hermann Nitsch’s Orgien Mysterien Theater’, September 2002)

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35 JONATHAN mEESE & ALBErT OEHLEN b. 1970 & b. 1954 The Greeting, 2003 Oil and inkjet print on wooden panel. 206.5 × 280 cm (82 1/8 × 110 1/4 in).

Signed and dated ‘J. Meese A Oehlen 03’ lower right; initialled and dated ‘ME-OE/M 23’ on the reverse.

Estimate £30,000–50,000 $48,900–81,500 €33,900–56,500 ♠ † Provenance Contemporary Fine Arts, Berlin exhibited Berlin, Contemporary Fine Arts, Spezialbilder, 17 July –

21 August 2004

The collaboration between Albert Oehlen and Jonathan Meese, which began in 2001, has resulted in a body of work that could only be produced by the merging of two wild artists from different generations but with the same goal in mind.

The oil and inkjet print panels that were produced as part of their collaboration during the summer of 2003 in Switzerland – Albert Oehlen produced the photo-collages which were then finished by Jonathan Meese – are testimony to the playful and experimental character that both artists share. It can be said that Meese, who has been described as a “myth-o-man, post-Beuysian neo-shaman” with “his finger on the pulse of his generation”, has found his ideal collaborator in Albert Oehlen, an artist whose abstract canvases centre on antiaesthetic notions stemming from the Neue Wilde or ‘wild youth’ movement and who, along with Martin Kippenberger, opposes Beuys’s statement that “every human being is an artist”.

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36 FrANz WEST b. 1947 Untitled (Bench), 1993 Steel bench covered with foam upholstery, foam pillows and white linen sheet.

110 × 634 × 80 cm (43 1/4 × 249 3/8 × 31 1/2 in). This work is accompanied by a certificate of authenticity signed by the artist.

Estimate £60,000–80,000 $97,800–130,000 €67,800–90,400 ♠ Provenance Galerie Rodolphe Janssen, Brussels

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“Franz West’s furniture is perfectly functional; the chairs, sofas, screens,

not some postmodern game being played with figure design in the visual

desks or beds are often remarkably comfortable, contrary to what their

arts. The furniture is like an extended Adaptive which replaces the viewer’s

appearance might lead the viewer to expect. This is not, however, applied

conscious decision to act through the artist’s invitation to sit down in the

art fulfilling decorative and architectural functions, for these items of

middle of a museum. These furniture-sculptures opened out the whole

furniture are simultaneously also sculptures and Adaptives of a different

concept of West’s work, leading to his current environments and collective

kind. They are collaged from the same amorphous, non-formal materials as

works, and extending the spatial dimension of the body originally addressed

the sculptures, and share the same libidinous bodily and psycho-perceptual

in the early Adaptives.”

content. The furniture also has the same functionless existence as the sculptural objects. Applied and pure function, furniture and sculpture, are

(Robert Fleck, ‘Sex and the Modern Sculptor’ in Franz West, London, 1999,

thus inextricably intertwined in these works. Yet at the same time, this is

pp. 56–57)

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37 SErGEJ JENSEN b. 1973 Untitled, 2004 Metal chain mail and cotton embroidery on canvas. 160 × 130 cm (63 × 51 in).

Estimate £20,000–30,000 $32,600–48,900 €22,600–33,900 ♠ Provenance Galerie Neu, Berlin

Sergej Jensen’s work draws on a wide range of materials and formal references. Primarily known for his textile works, his lyrical compositions incorporate a variety of fabrics, from burlap and linen to silk and wool. For the last few years Jensen has been showing with more regularity textile works and paintings made by sewing, staining, bleaching, stretching and sometimes dabbing little marks on attractive found fabrics.

The coarseness of the materials, the cracks and holes, the informal, stitchedtogether look of the colour fields, and the properties of the muted harmonious tones create a radical frailty and tattered grace that become highly evocative and speak directly on issues of aesthetic withdrawal and the state of material.

Working within the idiom of minimalist painting, Jensen takes its material support – the canvas – and sews, bleaches, stretches or stains the cloth to create works that waver between abstraction and representation. The principle of the readymade and recycling also suffuse his practice; offcuts from previous works often re-appear as motifs for new paintings as he continues to explore the idea of ‘painting without paint’.

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38 TErENcE KOH b. 1977 Gone, Yet Still (Untitled 2), 2005 Mixed media installation comprised of paint, plaster, wax and organic materials in 17 glass vitrines. Installation dimensions variable; approximately as illustrated: 210 × 107 × 150 cm.

(82 3/4 × 42 1/8 × 59 in). This work is accompanied by a certificate of authenticity.

Estimate £40,000–60,000 $65,200–97,800 €45,200–67,800 Provenance Peres Projects, Berlin exhibited Vienna, Wiener Secession, Association of Visual Artists, Terence Koh: Gone, Yet Still,

7 July – 4 September 2005 literature A. Bronson, B. Benderson, B. LaBruce, P. Aarons, S. Momin, Terence Koh: Gone,

Yet Still, Vienna, 2005 (illustrated)

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Terence Koh’s evocative installation, Gone, Yet Still (Untitled 2), captures sublimely the emotionally charged notions of death, loss, lust and desire – the essence of his varied and acclaimed oeuvre. The objects on display are highly considered, found and selected from a variety of places ranging from flea markets to specialist porcelain shops. They exude the kitsch, the fetishised, the cult and the gothic, their meaning produced by a tightly interwoven narration of Koh’s private life and a range of subcultural fields like sex, drugs and music.

Koh frequently employs trivial materials, which are then transformed in the artistic process into an almost classical aesthetic. Collecting the objects as if producing a catalogue of dreams and secrets installed in a cabinet of curiosities of unattainable truths about the hidden life of the artist’s mind, Koh subjects all of his treasures to a ritualistic purification by removing their histories, personalities and their identities as he submerges them in white paint, plaster or wax. The use of white comes with a number of symbolically charged associations: purity, the sublime, and innocence. The objects now appear cleansed, as if baptized, yet the whiteness also induces a sense of emptiness and sorrow as the objects no longer feel alive but preserved and removed from our reality.

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39 WOLFGANG TILLMANS b. 1968 (Untitled) Las Vegas, 2000 Cibachrome print in the artist’s frame. 171.5 × 145.1 cm (67 1/2 × 57 1/8 in). Signed ‘Wolfgang Tillmans’ and numbered of one on the reverse. This work is from an edition of one plus an artist’s proof.

Estimate £30,000–40,000 $48,900–65,200 €33,900–45,200 ♠ ‡ Provenance Andrea Rosen Gallery, New York exhibited View from above: Wolfgang Tillmans: Deichtorhallen Hamburg, 28 September 2001 –

13 January 2002; Castello di Rivolli, Museo d’Arte Contemporanea, 10 February – 5 May 2002; Paris, Palais de Tokyo, 8 June – 15 September 2002; Humlebæk, Louisiana Museum of Modern Art, 11 October 2002 – 19 January 2003 (another format exhibited); London, Royal Academy of Arts, Apocalypse, 2000 (another format exhibited) literature Z. Felix, ed., View from Above: Wolfgang Tillmans, Ostfildern, 2001, p. 25 and cover

(illustrated)

Turner Prize winner Wolfgang Tillmans is a trendsetting photographer whose oeuvre refuses any signature subject or style. His compelling images range from the transgressive to the banal, illustrating a real feeling of modern life. The present lot, Untitled (Las Vegas) from 2000, is one of his largest and most powerful photographs from a widely exhibited and acclaimed body of work entitled A View from Above. Using a wide aperture and no depth of field, Sin City’s glowing grid set against an early evening sky is captured from a scratched aeroplane window. The beautiful urban nightscape is broken up by a series of gleaming lines and marks spread across the picture’s surface like the slashing, gestural brushstrokes of an abstract painter.

“In my work, there is an underlying approach that I hope gives everything I make a cohesion. I trust that, if I study something carefully enough, a greater essence or truth might be revealed without having a prescribed meaning.

I’ve trusted in this approach from the start, and I have to find that trust again and again when I make pictures. Really looking and observing is hard, and you can’t do it by following a formula. What connects all my work is finding the right balance between intention and chance, doing as much as I can and knowing when to let go, allowing fluidity and avoiding anything being forced.”

(D. Eichler, ‘Look, again’, Frieze, 23 September 2008)

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40 Monica Bonvicini b. 1965 Caged tool #2 (stone saw), 2004 Metal grids, power tools, black leather, black leather belts, brick base.

Overall: 240 × 100 × 100 cm (94 1/2 × 39 1/2 × 39 1/2 in).

Estimate £25,000–35,000 $40,800–57,100 €28,300–39,600 ♠ ‡ Provenance Galleria Emi Fontana, Milan exhibited Milan, Galleria Emi Fontana, Monica Bonvicini: Blind Shot, 27 September 2004 –

10 February 2005; Tel Aviv Museum of Art, Italian Mentalscapes: A Journey through Italian Contemporary Art, 19 July – 6 October 2007

Monica Bonvicini’s eclectic oeuvre deals with the idea of the fetish. The fetish, considered both as a sign of the alienation of the worker from the product of his work and the substitution of the eroticized body with an object equivalent, is fundamental to the principal relationships that exist in Western society and basic to much of the collective imagination. Bonvicini has delved into many aspects of this imagination, particularly the ideological covers that legitimize dynamics and the antithesis between man and woman. The present lot comprises a power tool tightly covered up in black leather and hung in a cage made out of metal grids. The power tool, whose inherent function is to build up or build down architecture, is rendered useless and reduced to an anthropomorphic object. It is displayed in a vitrine like a timeless fetishistic object.

Dealing with the construction of sexual identity through the system of architecture has been the topic of Bonvicini’s work, which is always connected to the framework of space, gender and power. This work which addresses the issue of fetishism is a milestone in the development of her artistic discourse. One of the most interesting aspects in Bonvicini’s work is her formal exploration of sculpture and its environmental display. Her critique of minimalism focuses on the incorporation of its forms in the bourgeois aesthetic of everyday structures. Through a reflection on gender issues, often reinforced by biting humour, her work addresses the issues of ‘building,’ both architecturally and socially.

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41 THoMaS RUFF b. 1958 Nudes dg06, 2003 Laserchrome printed with Diasec face in the artist’s wooden frame. 140 × 110 cm (55 × 43 1/4 in). Signed, dated ‘Th Ruff 2003’ and numbered of five on the reverse. This work is from an edition of five plus two artist’s proofs.

Estimate £30,000–40,000 $48,900–65,200 €33,900–45,200 ♠ ‡ Provenance Galerie Nelson, Paris; Perry Rubenstein Gallery, New York

Around 1998, Thomas Ruff began to work on nude photography and also began experimenting with computer generated, abstract pictures made of pixels. Through his internet research into the genre of nude photography, he came across the field of pornography. Due to the poor resolution of these pictures on the World Wide Web, their pixel structure resembled the one he had been experimenting with. He decided to apply the same technique to the internet pictures, processing them so that the pixel structure was only just barely visible. He used fuzziness and other blurring techniques, occasionally modifying the colouring and removing intrusive details. The selection of source pictures was based on such considerations as composition, lighting, colouring, or representation.

“Thomas Ruff’s nudes forcefully address the theme of our pre-rational curiosity about pornographic depictions, a curiosity that is only secondarily constrained by morals and conventions. Although in many ways the nudes are a consistent continuation of Ruff’s previous series, as treatments of net pornography they still address an independent, complex, and clearly contemporary field of perception between body and eye, pre-reflexive curiosity and fetishistic fixation, physical excitement and mechanical prosthesis, secret desire and inconsequential anonymity, individual exhibitionism and the camera gaze that enlists and sexualizes the body.”

(M. Winzen, A Credible Invention of Reality in Thomas Ruff: 1979 to the Present, Cologne, 2001, p. 151)

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42 Tobias RehbeRgeR b. 1966 Reus, 2005 Installation of 47 lamps: Perspex, metal, wires, lamps and dimmer.

Installation dimensions variable.

estimate £45,000–55,000 $73,400–89,700 €50,900–62,200 ♠ Ω Provenance Galleria Gio Marconi, Milan

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The architectural installation Reus by the German artist Tobias Rehberger

“The artist’s objects and environments do not only draw on a repertoire of daily

is a perfect example of the artist’s powerful navigation of the terrain

use; they are also produced to mimic the shiny perfection of the manufactured.

between art and design. His ‘design pieces’ reveal an anti-functional

He turns to industrial processes to make objects that look as if they are mass-

artistic attitude, breeding a new, allegorical energy into the conventions of

produced, part of a continuum, from the zone of the everyday mass culture.

decor. Reus comprises 47 lamps hung from the ceiling at various heights.

However, their idiosyncrasies in terms of colour, size, function or location make

Each lamp is made of an ordinary light bulb surrounded by simple coloured

us look again. These things or environments do not fit in. They are works of art

Plexiglas sheets applied to metal circles. Activated by a sensor, all the

that propose new rules of engagement not only in their internal dynamics, but

lamps are turned on every time a visitor enters the room, and gradually

also for everything and everyone in their vicinity.”

increase in brightness for seven seconds and then dim again over the same span of time.

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(I. Blazwick, Private Matters, London, 2004)

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43 TRACEY EMIN b. 1963 I promise to love you, 2007 Clear red neon. 145.8 × 143 cm (57 × 56 in). This work is from an edition of three plus two artist’s proofs and is accompanied by a certificate of authenticity signed by the artist.

Estimate £40,000–60,000 $65,200–97,800 €45,200–67,800 ♠ Provenance Lehmann Maupin, New York

“Tracey Emin is an avenging angel, swiping at both high-art pretensions and mass culture. Her background is not about money or privilege; she makes the work because she loves to do it, and it’s a love affair she wants to share.

For her, art is at the centre of things, not in the lost world of academies and connoisseurship, nor is it an enemy of the people. For Tracey, art belongs.

All she asks is that you get involved – be part of it, not outside it. It has to be her and her work, because Emin doesn’t separate the two. The importance of this cannot be underestimated; at a time when we are drowning in reality TV and live confessionals, when everything in life is about display, Emin had managed to turn the popular agenda into a new kind of cultural challenge.

Why do we make so many separations in our lives? Do we insist on reality and confession because we have lost the capacity to imagine and invent?

Emin is able to imagine and invent within the context of her own life.

By refusing all her own separations, she questions ours. By refusing to disentangle art and life, by fusing her autobiography with her artistry, Emin creates a world where personal truth-telling moves beyond the me-culture and into collective catharsis.”

(Jeanette Winterson, from her introduction to P. Miles and H. Luard, eds., Tracey Emin: Works 1963–2006, New York, 2006, p. 6)

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index

Ackermann, F. 32

Hein, J. 119

Pasqua, P. 24

Ai, W. 21

Hildebrandt, G. 1

Perry, G. 23, 166

Aitken, D. 3

Hirsig, S. 155

Plensa, J. 109

Aldrich, R. 203

Hirst, D. 143, 148, 149, 150, 159, 165

Ponomarev, A. 176

Alÿs, F. 129

Howard, R. 158

Prince, R. 127

Attia, K. 117

Hume, G. 33 Hütte, A. 194

Quinn, M. 110

Banksy 19

Jensen, S. 37

Rehberger, T. 42

Basquiat, J-M. 14, 18

Judah, G. 111

Reyle, A. 27, 157

Baxter, D. 204

Judd, D. 30

Rhoades, J. 151

Baldessari, J. 6

Richter, G. 29

Becher, B. & H. 206, 207 Bircken, A. 171

Kapoor, A. 162

Riley, B. 161

Bonvicini, M. 40

Kato, I. 104

Roitburd, A. 177

Borremans, M. 101

KAWS 137, 138

Rondinone, U. 4, 220

Bujnowski, R. 191, 192

Kilimnik, K. 173

Rosenblum & Muntean 102, 103, 219

Bulloch, A. 152

Kippenberger, M. 15, 118, 122, 123, 124

Ruckhaberle, C. 107, 132

Klymenko, A. 183

Ruff, T. 41

Calder, A. 201

Koh, T. 38

Carnegie, G. 105

Kosolapov, A. 185

Schmidberger, C. 135

Cass, B. 179

Kounellis, J. 8

Schneider, G. 115

Close, C. 213

Krisanamis, U. 193

Schütte, T. 167, 168

Colen, D. 16

Kusama, Y. 142, 163, 164

Sepehr, J. 210 Shaw, G. 169

Condo, G. 17 LaChapelle, D. 136

Sherman, C. 12

LaFontaine, M-J. 218

Sicilia, J.M. 144

David, E. 141

Lichtenstein, R. 126

Skugareva, M. 178

Delvoye, W. 25

Lutter, V. 208

Solomko, Y. 181

Dorner, H. 200

Lux, L. 212

Stingel, R. 9

Crewdson, G. 106

Struth, T. 146, 147

Dragset, I. & Elmgreen, M. 10 Driesen, S. 170

Magill, E. 174

Sugito, H. 160

Männikkö, E. 221 Eliasson, O. 113, 196

Manzelli, M. 11

Tal R 199

Elsner, S. 209

Manzoni, P. 20

Tekinoktay, E. 133, 134

Elmgreen, M. & Dragset, I. 10

Martinec, H. 197

Tillmans, W. 39

Emin, T. 43

McEwen, A. 186

Tistol, O. 175, 180

Erlich, L. 2

Meese, J. 26

Titchner, M. 187

Esfandiary, Y. 184

Meese, J. & Oehlen, A. 35

Tobias, G. & U. 108

Esser, E. 211

Moore, H. 128

Tsagolov, V. 182

Morley, I. 172

Turk, G. 22

Federle, H. 120

Morrison, P. 190

Fleury, S. 153

Muntean & Rosenblum 102, 103, 219

Violette, B. 7, 112 von Hellerman, S 217

Francis, S. 131 Nauman, B. 125 Gallagher, E. 214, 215

Navarro, I. 154

Walker, K. 121

Geers, K. 114

Nitsch, H. 34

Warhol, A. 13, 145

Gili, J. 156

Noland, K. 31

West, F. 36

Grotjahn, M. 5

Noonan, D. 216

Woods, C. 198

Oehlen, A. 130

Yang, K. 189

Gursky, A. 195 Halley, P. 28

Oehlen, A & Meese, J. 35

Hancock, T. D. 205

Olowska, P. 202

Hao, H. 188

Opie, J. 139, 140

Hefuna, S. 116

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2 BiddinG in The Sale

4 aFTeR The aUCTiOn

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UK£5,000 to UK£10,000

by UK£500s

necessary export or import licences or certificates as well as any other required

UK£10,000 to UK£20,000

by UK£1,000s

documentation. The denial of any required licence or certificate or any delay in obtaining

UK£20,000 to UK£30,000

by UK£2,000s

such documentation will not justify the cancellation of the sale or any delay in making full

UK£30,000 to UK£50,000

by UK£2,000s, 5,000, 8,000

payment for the lot.

UK£50,000 to UK£100,000

by UK£5,000s

UK£100,000 to UK£200,000

by UK£10,000s

above UK£200,000

at the auctioneer’s discretion

The auctioneer may vary the increments during the course of the auction at his or her own discretion.

3 The aUCTiOn Conditions of Sale As noted above, the auction is governed by the Conditions of Sale and Authorship Warranty. All prospective bidders should read them carefully. They may be amended by saleroom addendum or auctioneer’s announcement. interested Parties announcement In situations where a person allowed to bid on a lot has a direct or indirect interest in such lot, such as the beneficiary or executor of an estate selling the lot, a joint owner of the lot or a party providing or participating in a guarantee on the lot, Phillips de Pury & Company will make an announcement in the saleroom that interested parties may bid on the lot.

Consecutive and Responsive Bidding The auctioneer may open the bidding on any lot by placing a bid on behalf of the seller.

The auctioneer may further bid on behalf of the seller up to the amount of the reserve by placing consecutive bids or bids in response to other bidders.

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CONTEMPORARY ART aUCTiOn neW YORK COnTemPORaRY aRT eVeninG Sale Viewing 26 February – 4 March

4 MARCH 2010 7pm

Phillips de Pury & Company 450 West 15 Street New York 10011 enquiries +1 212 940 1260 Catalogues +1 212 940 1240 / +44 20 7318 4039 www.phillipsdepury.com

KelleY WalKeR Black Star Press, 2005 (detail) estimate $150,000-200,000

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VaT and OTheR Tax inFORmaTiOn FOR BUYeRS The following paragraphs provide general information to buyers on the VAT and certain

Where the buyer carries purchases from the EU personally or uses the services of a third

other potential tax implications of purchasing property at Phillips de Pury & Company.

party, Phillips de Pury & Company will charge the VAT amount due as a deposit and

This information is not intended to be complete. In all cases, the relevant tax legislation

refund it if the lot has been exported within three months of the date of sale and

takes precedence, and the VAT rates in effect on the day of the auction will be the rates

either of the following conditions are met:

charged. It should be noted that, for VAT purposes only, Phillips de Pury & Company is not usually treated as agent and most property is sold as if it is the property of Phillips de

• For lots sold under the Auctioneer’s Margin Scheme or the normal VAT rules,

Pury & Company. In the following paragraphs, reference to VAT symbols shall mean those

Phillips de Pury & Company is provided with appropriate documentary proof of

symbols located beside the lot number or the pre-sale estimates in the catalogue (or

export from the EU. Buyers carrying their own property should obtain hand-carry

amending saleroom addendum).

papers from the Shipping Department to facilitate this process;

1 PROPeRTY WiTh nO VaT SYmBOl

• For lots sold under temporary importation, Phillips de Pury & Company is

Where there is no VAT symbol, Phillips de Pury & Company is able to use the Auctioneer’s

provided with a copy of the correct paperwork duly completed and stamped by

Margin Scheme, and VAT will not normally be charged on the hammer price.

HM Revenue & Customs which shows the property has been exported from the EU via the UK. It is essential for shippers acting on behalf of buyers to collect copies of

Phillips de Pury & Company must bear VAT on the buyer’s premium. Therefore, we will

original import papers from our Shipping Department. HM Revenue & Customs

charge an amount in lieu of VAT at 17.5% on the buyer’s premium. This amount will form

insist that the correct customs procedures are followed and Phillips de Pury &

part of the buyer’s premium on our invoice and will not be separately identified.

Company will not be able to issue any refunds where the export documents do not exactly comply with governmental regulations. Property subject to temporary

2 PROPeRTY WiTh a † SYmBOl

importation must be transferred to another customs procedure immediately if any

These lots will be sold under the normal UK VAT rules, and VAT will be charged at 17.5%

restoration or repair work is to be carried out.

on both the hammer price and buyer’s premium.

Buyers carrying their own property must obtain hand-carry papers from the Shipping Where the buyer is a relevant business person in the EU (non-UK) or is a relevant business

Department, for which a charge of £20 will be made. The VAT refund will be processed

person in a non-EU country then no VAT will be charged on the buyer’s premium. This is

once the appropriate paperwork has been returned to Phillips de Pury & Company. Phillips

subject to Phillips de Pury & Company being provided with evidence of the buyer’s VAT

de Pury & Company is not able to cancel or refund any VAT charged on sales made to UK

registration number in the relevant Member State (non-UK) or the buyer’s business status

or EU private residents unless the lot is subject to temporary importation and the property

in a non-EU country such as the buyer’s Tax Registration Certificate. Should this evidence

is exported from the EU within three months of the sale date. Any refund of VAT is subject

not be provided then VAT will be charged on the buyer’s premium.

to a minimum of £50 per shipment and a processing charge of £20.

3 PROPeRTY WiTh a § SYmBOl

Buyers intending to export, repair, restore or alter lots under temporary importation

Lots sold to buyers whose registered address is in the EU will be assumed to be remaining

should notify the Shipping Department before collection. Failure to do so may result in the

in the EU. The property will be invoiced as if it had no VAT symbol. However, if an EU buyer

import VAT becoming payable immediately and Phillips de Pury & Company being unable

advises us that the property is to be exported from the EU, Phillips de Pury & Company will

to refund the VAT charged on deposit.

re-invoice the property under the normal VAT rules.

6 VaT ReFUndS FROm hm ReVenUe & CUSTOmS Lots sold to buyers whose address is outside the EU will be assumed to be exported from

Where VAT charged cannot be cancelled or refunded by Phillips de Pury & Company,

the EU. The property will be invoiced under the normal VAT rules. Although the hammer

it may be possible to seek repayment from HM Revenue & Customs. Repayments in this

price will be subject to VAT, the VAT will be cancelled or refunded upon export. The

manner are limited to businesses located outside the UK and may be considered for:

buyer’s premium will always bear VAT unless the buyer is relevant business person in the EU (non-UK) or is a relevant business person in a non-EU country, subject to Phillips de

• VAT charged on the buyer’s premium on property sold under the normal

Pury & Company receiving evidence of the buyer’s VAT registration number in the relevant

VAT rules.

Member State (non-UK) or the buyer’s business status in a non-EU country such as the buyer’s Tax Registration Certificate. Should this evidence not be provided VAT will be

• Import VAT charged on the hammer price and buyer’s premium for lots sold

charged on the buyer’s premium.

under temporary importation.

4 PROPeRTY SOld WiTh a ‡ OR Ω SYmBOl

Claim forms are only available from the HM Revenue & Customs website. Go to http://

These lots have been imported from outside the EU to be sold at auction under temporary

www.hmrc.gov.uk/index.htm, and follow Quick Links then Find a Form. The relevant forms

importation. Property subject to temporary importation will be offered under the

are VAT65 (for claims made within the EEC) and VAT65A (for claims made from overseas).

Auctioneer’s Margin Scheme and will be subject to import VAT of either 5% or 17.5%,

Completed forms should be returned to:

marked by ‡ and Ω respectively, on the hammer price and an amount in lieu of VAT at 17.5% on the buyer’s premium. Anyone who wishes to buy outside the Auctioneer’s Margin

HM Revenue & Customs

Scheme should notify the Client Accounting Department before the sale.

VAT Overseas Repayment Directive Foyle House

Where lots are sold outside the Auctioneer’s Margin Scheme and the buyer is a relevant

Duncreggan Road

business person in the EU (non-UK) or is a relevant business person in a non-EU country

Londonderry

then no VAT will be charged on the buyer’s premium. This is subject to Phillips de Pury &

Northern Ireland

Company receiving evidence of the buyer’s VAT registration number in the relevant

BT48 7AE

Member State (non-UK) or the buyer’s business status in a non-EU country such as the buyer’s Tax Registration Certificate. Should this evidence not be provided VAT will be

tel +44 (0)2871 305100

charged on the buyer’s premium.

fax +44 (0)2871 305101

5 exPORTS FROm The eUROPean UniOn

7 SaleS and USe TaxeS

The following types of VAT may be cancelled or refunded by Phillips de Pury & Company

Buyers from outside the UK should note that local sales taxes or use taxes may

on exports made within three months of the sale date if strict conditions are met:

become payable upon import of lots following purchase. Buyers should consult their own tax advisors.

• The amount in lieu of VAT charged on the buyer’s premium for property sold under the Auctioneer’s Margin Scheme (i.e., without a VAT symbol); • The VAT on the hammer price for property sold under the normal VAT rules (i.e., with a † or a § symbol).

• The import VAT charged on the hammer price and an amount in lieu of VAT on the buyer’s premium for property sold under temporary importation (i.e., with a ‡ or a Ω symbol) under the Auctioneer’s Margin Scheme.

In each of the above examples, where the appropriate conditions are satisfied, no VAT will be charged if, at or before the time of invoicing, the buyer instructs Phillips de Pury & Company to export the property from the EU. If such instruction is received after payment, a refund of the VAT amount will be made.

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NOW: ART OF THE 21ST CENTURY COnTemPORaRY aRT PhOTOGRaPhS deSiGn ediTiOnS

aUCTiOn 6 MARCH 2010 neW YORK Viewing 27 February – 6 March

Phillips de Pury & Company 450 West 15 Street New York 10011 enquiries +1 212 940 1210 Catalogues +1 212 940 1240 / +44 20 7318 4039 www.phillipsdepury.com

maRilYn minTeR Sparks, 2002 (detail) estimate $15,000-20,000

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COndiTiOnS OF Sale The Conditions of Sale and Authorship Warranty set forth below govern the relationship

(c) Telephone bidders are required to submit bids on the “Telephone Bid Form,” a copy of

between bidders and buyers, on the one hand, and Phillips de Pury & Company and

which is printed in this catalogue or otherwise available from Phillips de Pury & Company.

sellers, on the other hand. All prospective buyers should read these Conditions of Sale

Telephone bidding is available for lots whose low pre-sale estimate is at least £500.

and Authorship Warranty carefully before bidding.

Phillips de Pury & Company reserves the right to require written confirmation of a successful bid from a telephone bidder by fax or otherwise immediately after such bid is

1 inTROdUCTiOn

accepted by the auctioneer. Telephone bids may be recorded and, by bidding on the

Each lot in this catalogue is offered for sale and sold subject to: (a) the Conditions of Sale

telephone, a bidder consents to the recording of the conversation.

and Authorship Warranty; (b) additional notices and terms printed in other places in this catalogue, including the Guide for Prospective Buyers, and (c) supplements to this

(d) When making a bid, whether in person, by absentee bid or on the telephone, a bidder

catalogue or other written material posted by Phillips de Pury & Company in the saleroom,

accepts personal liability to pay the purchase price, as described more fully in Paragraph

in each case as amended by any addendum or announcement by the auctioneer prior to

6 (a) below, plus all other applicable charges unless it has been explicitly agreed in writing

the auction.

with Phillips de Pury & Company before the commencement of the auction that the bidder is acting as agent on behalf of an identified third party acceptable to Phillips de Pury &

By bidding at the auction, whether in person, through an agent, by written bid, by

Company and that we will only look to the principal for such payment.

telephone bid or other means, bidders and buyers agree to be bound by these Conditions of Sale, as so changed or supplemented, and Authorship Warranty.

(e) Arranging absentee and telephone bids is a free service provided by Phillips de Pury & Company to prospective buyers. While we undertake to exercise reasonable care in

These Conditions of Sale, as so changed or supplemented, and Authorship Warranty contain

undertaking such activity, we cannot accept liability for failure to execute such bids except

all the terms on which Phillips de Pury & Company and the seller contract with the buyer.

where such failure is caused by our wilful misconduct.

2 PhilliPS de PURY & COmPanY aS aGenT

(f) Employees of Phillips de Pury & Company and our affiliated companies, including the

Phillips de Pury & Company acts as an agent for the seller, unless otherwise indicated in

auctioneer, may bid at the auction by placing absentee bids so long as they do not know

this catalogue or at the time of auction. On occasion, Phillips de Pury & Company may own

the reserve when submitting their absentee bids and otherwise comply with our employee

a lot, in which case we will act in a principal capacity as a consignor, or may have a legal,

bidding procedures.

beneficial or financial interest in a lot as a secured creditor or otherwise.

5 COndUCT OF The aUCTiOn

•

3 CaTalOGUe deSCRiPTiOnS and COndiTiOn OF PROPeRTY

(a) Unless otherwise indicated by the symbol

Lots are sold subject to the Authorship Warranty, as described in the catalogue (unless

which is the confidential minimum selling price agreed by Phillips de Pury & Company with

such description is changed or supplemented, as provided in Paragraph 1 above) and in

the seller. The reserve will not exceed the low pre-sale estimate at the time of the auction.

, each lot is offered subject to a reserve,

the condition that they are in at the time of the sale on the following basis. (b)The auctioneer has discretion at any time to refuse any bid, withdraw any lot, re-offer a (a) The knowledge of Phillips de Pury & Company in relation to each lot is partially

lot for sale (including after the fall of the hammer) if he or she believes there may be error

dependent on information provided to us by the seller, and Phillips de Pury & Company is

or dispute and take such other action as he or she deems reasonably appropriate.

not able to and does not carry out exhaustive due diligence on each lot. Prospective buyers acknowledge this fact and accept responsibility for carrying out inspections and

(c) The auctioneer will commence and advance the bidding at levels and in increments he

investigations to satisfy themselves as to the lots in which they may be interested.

or she considers appropriate. In order to protect the reserve on any lot, the auctioneer

Notwithstanding the foregoing, we shall exercise such reasonable care when making

may place one or more bids on behalf of the seller up to the reserve without indicating he

express statements in catalogue descriptions or condition reports as is consistent with

or she is doing so, either by placing consecutive bids or bids in response to other bidders.

our role as auctioneer of lots in this sale and in light of (i) the information provided to us by the seller, (ii) scholarship and technical knowledge and (iii) the generally accepted

(d) The sale will be conducted in pounds sterling and payment is due in pounds sterling.

opinions of relevant experts, in each case at the time any such express statement is made.

For the benefit of international clients, pre-sale estimates in the auction catalogue may be shown in US dollars and/or euros and, if so, will reflect approximate exchange rates.

(b) Each lot offered for sale at Phillips de Pury & Company is available for inspection by

Accordingly, estimates in US dollars or euros should be treated only as a guide.

prospective buyers prior to the auction. Phillips de Pury & Company accepts bids on lots on the basis that bidders (and independent experts on their behalf, to the extent

(e) Subject to the auctioneer’s reasonable discretion, the highest bidder accepted by the

appropriate given the nature and value of the lot and the bidder’s own expertise) have fully

auctioneer will be the buyer and the striking of the hammer marks the acceptance of the

inspected the lot prior to bidding and have satisfied themselves as to both the condition of

highest bid and the conclusion of a contract for sale between the seller and the buyer. Risk

the lot and the accuracy of its description.

and responsibility for the lot passes to the buyer as set forth in Paragraph 7 below.

(c) Prospective buyers acknowledge that many lots are of an age and type which means

(f) If a lot is not sold, the auctioneer will announce that it has been “passed,” “withdrawn,”

that they are not in perfect condition. As a courtesy to clients, Phillips de Pury & Company

“returned to owner” or “bought-in.”

may prepare and provide condition reports to assist prospective buyers when they are inspecting lots. Catalogue descriptions and condition reports may make reference to

(g) Any post-auction sale of lots offered at auction shall incorporate these Conditions of

particular imperfections of a lot, but bidders should note that lots may have other faults

Sale and Authorship Warranty as if sold in the auction.

not expressly referred to in the catalogue or condition report. All dimensions are approximate. Illustrations are for identification purposes only and cannot be used as

6 PURChaSe PRiCe and PaYmenT

precise indications of size or to convey full information as to the actual condition of lots.

(a) The buyer agrees to pay us, in addition to the hammer price of the lot, the buyer’s premium, plus any applicable value added tax (VAT) and any applicable resale royalty (the

(d) Information provided to prospective buyers in respect of any lot, including any pre-sale

“Purchase Price”). The buyer’s premium is 25% of the hammer price up to and including

estimate, whether written or oral, and information in any catalogue, condition or other

£25,000, 20% of the portion of the hammer price above £25,000 up to and including

report, commentary or valuation, is not a representation of fact but rather a statement of

£500,000 and 12% of the portion of the hammer price above £500,000.

opinion held by Phillips de Pury & Company. Any pre-sale estimate may not be relied on as a prediction of the selling price or value of the lot and may be revised from time to time by

(b) VAT is payable in accordance with applicable law. All prices, fees, charges and

Phillips de Pury & Company at our absolute discretion. Neither Phillips de Pury &

expenses set out in these Conditions of Sale are quoted exclusive of VAT.

Company nor any of our affiliated companies shall be liable for any difference between the pre-sale estimates for any lot and the actual price achieved at auction or upon resale.

(c) If the Artist’s Resale Right Regulations 2006 apply to the lot, the buyer agrees to pay to us an amount equal to the resale royalty provided for in those regulations and we

4 BiddinG aT aUCTiOn

undertake to the buyer to pay such amount to the artist’s collection agent. Lots subject to

(a) Phillips de Pury & Company has absolute discretion to refuse admission to the auction

the Artist’s Resale Right are identified with the symbol ♠ next to the lot number.

or participation in the sale. All bidders must register for a paddle prior to bidding, supplying such information and references as required by Phillips de Pury & Company.

(d) Unless otherwise agreed, a buyer is required to pay for a purchased lot immediately following the auction regardless of any intention to obtain an export or import licence or

(b) As a convenience to bidders who cannot attend the auction in person, Phillips de Pury

other permit for such lot. Payments must be made by the invoiced party in pounds

& Company may, if so instructed by the bidder, execute written absentee bids on a bidder’s

sterling either by cash, cheque drawn on a UK bank or wire transfer, as follows:

behalf. Absentee bidders are required to submit bids on the “Absentee Bid Form,” a copy of which is printed in this catalogue or otherwise available from Phillips de Pury &

(i) Phillips de Pury & Company will accept payment in cash provided that the total

Company. Bids must be placed in the currency of the sale. The bidder must clearly

amount paid in cash or cash equivalents does not exceed the local currency

indicate the maximum amount he or she intends to bid, excluding the buyer’s premium and

equivalent of US$10,000.

value added tax (VAT). The auctioneer will not accept an instruction to execute an absentee bid which does not indicate such maximum bid. Our staff will attempt to execute

(ii) Personal cheques and banker’s drafts are accepted if drawn on a UK bank and

an absentee bid at the lowest possible price taking into account the reserve and other

the buyer provides to us acceptable government-issued identification. Cheques

bidders. Any absentee bid must be received at least 24 hours in advance of the sale. In the

and banker’s drafts should be made payable to “PDEPL LTD”. If payment is sent by

event of identical bids, the earliest bid received will take precedence.

post, please send the cheque or banker’s draft to the attention of the Client

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CONTEMPORARY ART aUCTiOnS neW YORK PaRT i 13 MAY 2010 7pm PaRT ii Viewing 7 – 13 May

14 MAY 2010 10am & 2pm

Phillips de Pury & Company 450 West 15 Street New York 10011 enquiries +1 212 940 1260 Catalogues +1 212 940 1240 / +44 20 7318 4039 www.phillipsdepury.com

STeVen PaRRinO Pull Down, 1987 (detail) estimate $250,000-350,000 To be sold 13 May 2010 Contemporary Art Part I, New York

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Accounting Department at Howick Place, London SW1P 1BB and ensure that the

and instruct our affiliated companies to exercise a lien over any of the buyer’s property

sale number is written on the cheque. Cheques or banker’s drafts drawn by third

which is in their possession and, in each case, no earlier than 30 days from the date of

parties will not be accepted.

such notice arrange the sale of such property and apply the proceeds to the amount owed to Phillips de Pury & Company or any of our affiliated companies after the deduction from

(iii) Payment by wire transfer may be sent directly to Phillips de Pury & Company.

sale proceeds of our standard vendor’s commission, all sale-related expenses and any

Bank transfer details are as follows:

applicable taxes thereon; (vi) resell the lot by auction or private sale, with estimates and a reserve set at Phillips de Pury & Company’s reasonable discretion, it being understood

Bank of Scotland

that in the event such resale is for less than the original hammer price and buyer’s

Gordon Street

premium for that lot, the buyer will remain liable for the shortfall together with all costs

Glasgow

incurred in such resale; (vii) commence legal proceedings to recover the hammer price

G1 3RS

and buyer’s premium for that lot, together with interest and the costs of such proceedings; or (viii) release the name and address of the buyer to the seller to enable the seller to

For the account of PDEPL LTD

commence legal proceedings to recover the amounts due and legal costs.

Sort code: 80-54-01 Account no.: 00440780

(b) The buyer irrevocably authorizes Phillips de Pury & Company to exercise a lien over the

SWIFT BIC: BOFSGB21138

buyer’s property which is in our possession upon notification by any of our affiliated

IBAN: GB36BOFS 8054 0100 4407 80

companies that the buyer is in default of payment. Phillips de Pury & Company will notify the buyer of any such lien. The buyer also irrevocably authorizes Phillips de Pury &

(e) As a courtesy to clients, Phillips de Pury & Company will accept Visa, MasterCard and

Company, upon notification by any of our affiliated companies that the buyer is in default

UK-issued debit cards to pay for invoices of £50,000 or less. A processing fee will apply.

of payment, to pledge the buyer’s property in our possession by actual or constructive delivery to our affiliated company as security for the payment of any outstanding amount

(f) Title in a purchased lot will not pass until Phillips de Pury & Company has received the

due. Phillips de Pury & Company will notify the buyer if the buyer’s property has been

Purchase Price for that lot in cleared funds. Phillips de Pury & Company is not obliged to

delivered to an affiliated company by way of pledge.

release a lot to the buyer until title in the lot has passed and appropriate identification has been provided, and any earlier release does not affect the passing of title or the buyer’s

(c) If the buyer is in default of payment, the buyer irrevocably authorizes Phillips de Pury &

unconditional obligation to pay the Purchase Price.

Company to instruct any of our affiliated companies in possession of the buyer’s property to deliver the property by way of pledge as the buyer’s agent to a third party instructed by

7 COlleCTiOn OF PROPeRTY

Phillips de Pury & Company to hold the property on our behalf as security for the payment

(a) Phillips de Pury & Company will not release a lot to the buyer until we have received

of the Purchase Price and any other amount due and, no earlier than 30 days from the date

payment of its Purchase Price in full in cleared funds, the buyer has paid all outstanding

of written notice to the buyer, to sell the property in such manner and for such

amounts due to Phillips de Pury & Company or any of our affiliated companies, including

consideration as can reasonably be obtained on a forced sale basis and to apply the

any charges payable pursuant to Paragraph 8 (a) below, and the buyer has satisfied such

proceeds to any amount owed to Phillips de Pury & Company or any of our affiliated

other terms as we in our sole discretion shall require, including completing any anti-

companies after the deduction from sale proceeds of our standard vendor’s commission,

money laundering or anti-terrorism financing checks. As soon as a buyer has satisfied

all sale-related expenses and any applicable taxes thereon.

all of the foregoing conditions, he or she should contact us at +44 (0) 207 318 4081 or +44 (0) 207 318 4082 to arrange for collection of purchased property.

10 ReSCiSSiOn BY PhilliPS de PURY & COmPanY Phillips de Pury & Company shall have the right, but not the obligation, to rescind a sale

(b) The buyer must arrange for collection of a purchased lot within five days of the date of

without notice to the buyer if we reasonably believe that there is a material breach of the

the auction. After the auction, we will transfer all lots to our fine art storage facility

seller’s representations and warranties or the Authorship Warranty or an adverse claim is

located near Wimbledon and will so advise all buyers. Purchased lots are at the buyer’s

made by a third party. Upon notice of Phillips de Pury & Company’s election to rescind the

risk, including the responsibility for insurance, from (i) the date of collection or (ii) five

sale, the buyer will promptly return the lot to Phillips de Pury & Company, and we will then

days after the auction, whichever is the earlier. Until risk passes, Phillips de Pury &

refund the Purchase Price paid to us. As described more fully in Paragraph 13 below, the

Company will compensate the buyer for any loss or damage to a purchased lot up to a

refund shall constitute the sole remedy and recourse of the buyer against Phillips de Pury

maximum of the Purchase Price paid, subject to our usual exclusions for loss or damage

& Company and the seller with respect to such rescinded sale.

to property.

11 exPORT, imPORT and endanGeRed SPeCieS liCenCeS and PeRmiTS (c) As a courtesy to clients, Phillips de Pury & Company will, without charge, wrap

Before bidding for any property, prospective buyers are advised to make their own

purchased lots for hand carry only. We do not provide packing, handling, insurance or

enquiries as to whether a licence is required to export a lot from the United Kingdom or to

shipping services. We will coordinate with shipping agents instructed by the buyer,

import it into another country. Prospective buyers are advised that some countries

whether or not recommended by Phillips de Pury & Company, in order to facilitate the

prohibit the import of property made of or incorporating plant or animal material, such as

packing, handling, insurance and shipping of property bought at Phillips de Pury &

coral, crocodile, ivory, whalebone, rhinoceros horn or tortoiseshell, irrespective of age,

Company. Any such instruction is entirely at the buyer’s risk and responsibility, and

percentage or value. Accordingly, prior to bidding, prospective buyers considering export

we will not be liable for acts or omissions of third party packers or shippers.

of purchased lots should familiarize themselves with relevant export and import regulations of the countries concerned. It is solely the buyer’s responsibility to comply

(d) Phillips de Pury & Company will require presentation of government-issued

with these laws and to obtain any necessary export, import and endangered species

identification prior to release of a lot to the buyer or the buyer’s authorized representative.

licences or permits. Failure to obtain a licence or permit or delay in so doing will not justify the cancellation of the sale or any delay in making full payment for the lot.

8 FailURe TO COlleCT PURChaSeS (a) If the buyer pays the Purchase Price but fails to collect a purchased lot within 30 days

12 daTa PROTeCTiOn

of the auction, the buyer will incur a late collection fee of £25, storage charges of £3 per

(a) In connection with the management and operation of our business and the marketing and

day and pro rated insurance charges of 0.1% of the Purchase Price per month on each

supply of auction related services, or as required by law, we may ask clients to provide

uncollected lot.

personal information about themselves or obtain information about clients from third parties (e.g., credit information). If clients provide us with information that is defined by law as

(b) If a purchased lot is paid for but not collected within six months of the auction, the

“sensitive,” they agree that Phillips de Pury & Company and our affiliated companies may use

buyer authorizes Phillips de Pury & Company, upon notice, to arrange a resale of the item

it for the above purposes. Phillips de Pury & Company and our affiliated companies will not

by auction or private sale, with estimates and a reserve set at Phillips de Pury &

use or process sensitive information for any other purpose without the client’s express

Company’s reasonable discretion. The proceeds of such sale will be applied to pay for

consent. If you would like further information on our policies on personal data or wish to make

storage charges and any other outstanding costs and expenses owed by the buyer to

corrections to your information, please contact us at +44 (0)20 7318 4010. If you would prefer

Phillips de Pury & Company or our affiliated companies and the remainder will be forfeited

not to receive details of future events please call the above number.

unless collected by the buyer within two years of the original auction. (b) In order to fulfil the services clients have requested, Phillips de Pury & Company may 9 RemedieS FOR nOn-PaYmenT

disclose information to third parties such as shippers. Some countries do not offer

(a) Without prejudice to any rights the seller may have, if the buyer without prior

equivalent legal protection of personal information to that offered within the European

agreement fails to make payment of the Purchase Price for a lot in cleared funds within

Union (EU). It is Phillips de Pury & Company’s policy to require that any such third parties

five days of the auction, Phillips de Pury & Company may in our sole discretion exercise

respect the privacy and confidentiality of our clients’ information and provide the same

one or more of the following remedies: (i) store the lot at Phillips de Pury & Company’s

level of protection for client information as provided within the EU, whether or not they are

premises or elsewhere at the buyer’s sole risk and expense; (ii) cancel the sale of the lot,

located in a country that offers equivalent legal protection of personal information. By

retaining any partial payment of the Purchase Price as liquidated damages; (iii) reject

agreeing to these Conditions of Sale, clients agree to such disclosure.

future bids from the buyer or render such bids subject to payment of a deposit; (iv) charge interest at 12% per annum from the date payment became due until the date the Purchase

13 limiTaTiOn OF liaBiliTY

Price is received in cleared funds; (v) subject to notification of the buyer, exercise a lien

(a) Subject to sub-paragraph (e) below, the total liability of Phillips de Pury & Company,

over any of the buyer’s property which is in the possession of Phillips de Pury & Company

our affiliated companies and the seller to the buyer in connection with the sale of a lot

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aUThORShiP WaRRanTY shall be limited to the Purchase Price actually paid by the buyer for the lot.

Phillips de Pury & Company warrants the authorship of property in this auction catalogue

(b) Except as otherwise provided in this Paragraph 13, none of Phillips de Pury &

for a period of five years from date of sale by Phillips de Pury & Company, subject to the

Company, any of our affiliated companies or the seller (i) is liable for any errors or

exclusions and limitations set forth below.

omissions, whether orally or in writing, in information provided to prospective buyers by Phillips de Pury & Company or any of our affiliated companies or (ii) accepts

(a) Phillips de Pury & Company gives this Authorship Warranty only to the original buyer

responsibility to any bidder in respect of acts or omissions, whether negligent or

of record (i.e., the registered successful bidder) of any lot. This Authorship Warranty

otherwise, by Phillips de Pury & Company or any of our affiliated companies in connection

does not extend to (i) subsequent owners of the property, including purchasers or

with the conduct of the auction or for any other matter relating to the sale of any lot.

recipients by way of gift from the original buyer, heirs, successors, beneficiaries and assigns; (ii) property created prior to 1870, unless the property is determined to be

(c) All warranties other than the Authorship Warranty, express or implied, including any

counterfeit (defined as a forgery made less than 50 years ago with an intent to deceive)

warranty of satisfactory quality and fitness for purpose, are specifically excluded by

and has a value at the date of the claim under this warranty which is materially less than

Phillips de Pury & Company, our affiliated companies and the seller to the fullest extent

the Purchase Price paid; (iii) property where the description in the catalogue states that

permitted by law.

there is a conflict of opinion on the authorship of the property; (iv) property where our attribution of authorship was on the date of sale consistent with the generally accepted

(d) Subject to sub-paragraph (e) below, none of Phillips de Pury & Company, any of our

opinions of specialists, scholars or other experts; or (v) property whose description or

affiliated companies or the seller shall be liable to the buyer for any loss or damage

dating is proved inaccurate by means of scientific methods or tests not generally

beyond the refund of the Purchase Price referred to in sub-paragraph (a) above, whether

accepted for use at the time of the publication of the catalogue or which were at such time

such loss or damage is characterised as direct, indirect, special, incidental or

deemed unreasonably expensive or impractical to use.

consequential, or for the payment of interest on the Purchase Price to the fullest extent permitted by law.

(b) In any claim for breach of the Authorship Warranty, Phillips de Pury & Company reserves the right, as a condition to rescinding any sale under this warranty, to require the

(e) No provision in these Conditions of Sale shall be deemed to exclude or limit the liability

buyer to provide to us at the buyer’s expense the written opinions of two recognized

of Phillips de Pury & Company or any of our affiliated companies to the buyer in respect of

experts approved in advance by Phillips de Pury & Company. We shall not be bound by any

any fraud or fraudulent misrepresentation made by any of us or in respect of death or

expert report produced by the buyer and reserve the right to consult our own experts at

personal injury caused by our negligent acts or omissions.

our expense. If Phillips de Pury & Company agrees to rescind a sale under the Authorship Warranty, we shall refund to the buyer the reasonable costs charged by the experts

14 COPYRiGhT

commissioned by the buyer and approved in advance by us.

The copyright in all images, illustrations and written materials produced by or for Phillips de Pury & Company relating to a lot, including the contents of this catalogue, is and shall

(c) Subject to the exclusions set forth in subparagraph (a) above, the buyer may bring a

remain at all times the property of Phillips de Pury & Company and, subject to the

claim for breach of the Authorship Warranty provided that (i) he or she has notified

provisions of the Copyright, Designs and Patents Act 1988, such images and materials

Phillips de Pury & Company in writing within three months of receiving any information

may not be used by the buyer or any other party without our prior written consent. Phillips

which causes the buyer to question the authorship of the lot, specifying the auction in

de Pury & Company and the seller make no representations or warranties that the buyer of

which the property was included, the lot number in the auction catalogue and the reasons

a lot will acquire any copyright or other reproduction rights in it.

why the authorship of the lot is being questioned and (ii) the buyer returns the lot to Phillips de Pury & Company in the same condition as at the time of its auction and is able

15 GeneRal

to transfer good and marketable title in the lot free from any third party claim arising after

(a) These Conditions of Sale, as changed or supplemented as provided in Paragraph 1

the date of the auction.

above, and Authorship Warranty set out the entire agreement between the parties with respect to the transactions contemplated herein and supersede all prior and

(d) The buyer understands and agrees that the exclusive remedy for any breach of the

contemporaneous written, oral or implied understandings, representations and

Authorship Warranty shall be rescission of the sale and refund of the original Purchase

agreements.

Price paid. This remedy shall constitute the sole remedy and recourse of the buyer against Phillips de Pury & Company, any of our affiliated companies and the seller and is in lieu of

(b) Notices to Phillips de Pury & Company shall be in writing and addressed to the

any other remedy available as a matter of law. This means that none of Phillips de Pury &

department in charge of the sale, quoting the reference number specified at the beginning

Company, any of our affiliated companies or the seller shall be liable for loss or damage

of the sale catalogue. Notices to clients shall be addressed to the last address notified by

beyond the remedy expressly provided in this Authorship Warranty, whether such loss or

them in writing to Phillips de Pury & Company.

damage is characterized as direct, indirect, special, incidental or consequential, or for the payment of interest on the original Purchase Price.

(c) These Conditions of Sale are not assignable by any buyer without our prior written consent but are binding on the buyer’s successors, assigns and representatives. (d) Should any provision of these Conditions of Sale be held void, invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect. No failure by any party to exercise, nor any delay in exercising, any right or remedy under these Conditions of Sale shall act as a waiver or release thereof in whole or in part. (e) No term of these Conditions of Sale shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by anyone other than the buyer.

16 laW and JURiSdiCTiOn (a) The rights and obligations of the parties with respect to these Conditions of Sale and Authorship Warranty, the conduct of the auction and any matters related to any of the foregoing shall be governed by and interpreted in accordance with English law. (b) For the benefit of Phillips de Pury & Company, all bidders and sellers agree that the Courts of England are to have exclusive jurisdiction to settle all disputes arising in connection with all aspects of all matters or transactions to which these Conditions of Sale and Authorship Warranty relate or apply. All parties agree that Phillips de Pury & Company shall retain the right to bring proceedings in any court other than the Courts of England. (c) All bidders and sellers irrevocably consent to service of process or any other documents in connection with proceedings in any court by facsimile transmission, personal service, delivery by mail or in any other manner permitted by English law, the law of the place of service or the law of the jurisdiction where proceedings are instituted at the last address of the bidder or seller known to Phillips de Pury & Company.

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phillips de pury & company

chairman

Directors

advisory Board

Simon de Pury

Aileen Agopian

Maria Bell

Finn Dombernowsky

Janna Bullock

Patty Hambrecht

Lisa Eisner

Charlie Horne

Lapo Elkann

Michael McGinnis

Ben Elliot

Thierry Nataf

Lady Elena Foster

Alexander Payne

H.I.H. Francesca von Habsburg

Rodman Primack

Marc Jacobs

Dr. Michaela de Pury

Malcolm McLaren

Olivier Vrankrenne

Ernest Mourmans

chief Executive officer Bernd Runge

Aby Rosen Christiane zu Salm Juergen Teller Princess Gloria von Thurn und Taxis Jean Michel Wilmotte Anita Zabludowicz

intErnational spEcialists

Berlin

Dr. Michaela de Pury, International Senior Director, Contemporary Art +49 17 289 73611 Shirin Kranz, Specialist, Contemporary Art +49 30 880 018 42

Brussels Buenos aires Geneva los angeles

Olivier Vrankenne, International Senior Specialist +32 486 43 43 44 Brooke de Ocampo, International Specialist, Contemporary Art +44 777 551 7060 Katie Kennedy Perez, Specialist, Contemporary Art +41 22 906 8000 Rodman Primack, International Senior Specialist +1 212 940 1256 Maya McLaughlin, Contemporary Art +1 323 791 1771 Mimi Won Techentin, Contemporary Art +1 310 600 9192

milan moscow paris shanghai/Beijing Zurich/israel

Laura Garbarino, International Specialist, Contemporary Art +39 339 478 9671 Svetlana Marich, Specialist, Contemporary Art +7 495 225 88 22 Leonie Moschner, International Specialist, Contemporary Art +33 6 85 53 92 03 Jeremy Wingfield, International Specialist, Contemporary Art +852 6895 1805 Fiona Biberstein, International Specialist, Contemporary Art +44 7717 755 981

markEtinG

GEnEral counsEl

manaGinG DirEctors

Thierry Nataf, Senior Vice President

Patty Hambrecht

Finn Dombernowsky, London/Europe Charlie Horne, New York

WorlDWiDE oFFicEs NEW YORK

PARIS

BERLIN

450 West 15 Street, New York, NY 10011, USA

15 rue de la Paix, 75002 Paris, France

Auguststrasse 19, 10117 Berlin, Germany

tel +1 212 940 1200 fax +1 212 924 5403

tel +33 1 42 78 67 77 fax +33 1 42 78 23 07

tel +49 30 8800 1842 fax +49 30 8800 1843

LONDON

ZURICH

GENEVA

Howick Place, London SW1P 1BB, United Kingdom

Fraum端nsterstrasse 21, Postfach 2520, CH-8022

23 quai des Bergues, 1201 Geneva, Switzerland

tel +44 20 7318 4010 fax +44 20 7318 4011

Zurich, Switzerland

tel +41 22 906 80 00 fax +41 22 906 80 01

tel +44 7717 755 981

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spEcialists anD DEpartmEnts

contEmporary art Michael McGinnis, Senior Director

+1 212 940 1254

and Worldwide Head, Contemporary Art LONDON Peter Sumner, Head of Sales, London

+44 20 7318 4063

Henry Allsopp

+44 20 7318 4060

Laetitia Catoir

+44 20 7318 4064

moDErn anD contEmporary EDitions NEW YORK Cary Leibowitz, Worldwide Co-Director

+1 212 940 1222

Kelly Troester, Worldwide Co-Director

+1 212 940 1221

Jannah Greenblatt

+1 212 940 1332

Joy Deibert

+1 212 940 1333

Judith Hess

+44 20 7318 4705

Leonie Moschner

+44 20 7318 4074

Ivgenia Naiman

+44 20 7318 4071

Lou Proud

+44 20 7318 4018

Sarah Buchwald

+44 20 7318 4085

Sebastien Montabonel

+44 20 7318 4025

Catherine Higgs

+44 20 7318 4089

Alexandra Bibby

+44 20 7318 4087

Raphael Lepine

+44 20 7318 4078

Emma Lewis

+44 20 7318 4092

Siobhan O’Connor

+44 20 7318 4093

Tanya Tikhnenko

+44 20 7318 4065

Phillippa Willison

+44 20 7318 4070

photoGraphs LONDON

NEW YORK Vanessa Kramer, New York Director

+1 212 940 1243

Shlomi Rabi

+1 212 940 1246

Aileen Agopian, New York Director

+1 212 940 1255

Caroline Shea

+1 212 940 1247

Timothy Malyk

+1 212 940 1258

Sarah Krueger

+1 212 940 1245

Sarah Mudge

+1 212 940 1259

Jean-Michel Placent

+1 212 940 1263

Rodman Primack

+1 212 940 1256

Chin-Chin Yap

+1 212 940 1250

Roxana Bruno

+1 212 940 1229

Eugenia Ballvé

+1 212 940 1303

Maria Bueno

+1 212 940 1261

Carmela Manoli

+1 212 940 1302

Sara Davidson

+1 212 940 1262

Heather Zises

+1 212 940 1290

Peter Flores

+1 212 940 1223

(Uli) Zhiheng Huang

+1 212 940 1288

NEW YORK

JEWElry Nazgol Jahan, Worldwide Director

NEW YORK

GENEVA Carolin Bulgari

DEsiGn Alexander Payne, Worldwide Director

+44 20 7318 4052

+1 212 940 1283

+41 22 906 80 00

LONDON Lane McLean

+44 20 7318 4032

LONDON Domenico Raimondo

+44 20 7318 4016

Ellen Stelter

+44 20 7318 4021

Ben Williams

+44 20 7318 4027

Marcus McDonald

+44 20 7318 4014

Marine Hartogs

+44 20 7318 4021

NEW YORK Alex Heminway, New York Director

+44 20 7318 4095

Arianna Jacobs

+44 20 7318 4054

George O’Dell

+44 20 7318 4040

NEW YORK Corey Barr, New York Manager

+1 212 940 1234

Steve Agin, Consultant

+1 908 475 1796

Anne Huntington

+1 212 940 1210

Stephanie Max

+1 212 940 1301

Tara DeWitt

+1 212 940 1265 +1 212 940 1266

Marcus Tremonto

+1 212 940 1268

Alexandra Gilbert

+1 212 940 1268

PARIS

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LONDON Tobias Sirtl, London Manager

+1 212 940 1269

Meaghan Roddy

Johanna Frydman

thEmE salEs

+33 1 42 78 67 77

privatE salEs Andrea Hill

+1 212 940 1238

22/01/10 15:01

salE inFormation

auction Evening Sale, Friday 12 February 2010, 7pm Day Sale, Saturday 13 February 2010, 2pm viEWinG Saturday 6 February 2010, 10am – 6pm Sunday 7 February 2010, 12pm – 6pm Monday 8 February – Friday 12 February 2010, 10am – 6pm Saturday 13 February 2010, 10am – 12pm viEWinG & auction location Howick Place, London SW1P 1BB salE DEsiGnation In sending in written bids or making enquiries please refer to these sales as UK010110 or Contemporary Art Evening Sale, and UK010210 or Contemporary Art Day Sale aDministrators Siobhan O’Connor +44 20 7318 4093 Sarah Buchwald +44 20 7318 4085 Phillippa Willison +44 20 7318 4070 valuations manaGEr Catherine Higgs +44 20 7318 4089 opErations manaGErs Mark Seiltz +44 20 7318 4090 Jeffrey Rausch, New York +1 212 940 1367

8

catalogues@phillipsdepury.com

P

Anna Ho +44 20 7318 4045 fax +44 20 7318 4035 kniG

hts

BriD

Carolyn Whitehead +44 20 7318 4020

D A

S

V

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BUCKINGHAM PALACE GARDENS P

LA C

BIRD

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ST. JAMES’S PARK HA

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GA TE

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TR IA S

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PL HOWICK

AC E

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Kate Spalding + 44 20 7318 4081

Byron Slater, Peter Hepplewhite, Kent Pell

NS

VICTORIA

WarEhousE & shippinG

photoGraphy

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6

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Brette Kameny +44 20 7318 4010

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Harmony Johnston +44 20 7318 4010

M

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cliEnt sErvicEs

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ST. JAMES’S PARK

sEllEr accounts Elliot Depree +44 20 7318 4072

LL

GREEN PARK

CONSTITUTION HILL R O

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BuyErs accounts

C

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HYDE PARK CORNER

aBsEntEE anD tElEphonE BiDs bids@phillipsdepury.com

IC

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Catalogues £30/$60 at the Gallery

2

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Allyson Melchor +1 212 940 1240

L PA

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cataloGuEs

AM .J ST

GREEN PARK

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Front and back covers Gerhard Richter, Abstraktes Bild (707-1), 1989, Lot 29 inside back cover Donald Judd, Untitled (87-29 Studer), 1987, Lot 30 opposite Kenneth Noland, Mysteries Amidst, 1999, Lot 31 (detail)

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