Webb's
February
02
The Traveller
Auction Monday 24 February 6:30pm
Specialist Enquiries Charles Ninow Head of Art charles@webbs.co.nz +64 21 053 6504 AD Schierning Manager, Art ad@webbs.co.nz +64 27 929 5609 +64 9 529 5609 Condition Reports Tasha Jenkins Administrator, Art art@webbs.co.nz +64 9 529 5600 Webb's
2020
03
Table of Contents
Viewing Introduction
Plates Terms & Conditions Index of Artists
Webb's
February
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4 6
15 36 40
Webb's
2020
05
Viewing
Preview Evening Monday 17 February
Viewing Tuesday 18 February - Friday 21 February Saturday 22 February - Sunday 23 February Monday 24 February
Auction Monday 24 February
Webb's
February
06
6pm – 8pm
10am – 5pm 10am – 3pm 10am – 1pm
6:30pm
Webb's
2020
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Introduction Essay by ANDREW CLARK
Benge amassed a fascinating collection of artworks by New Zealand and overseas artists. A selection of these are presented here, along with examples of Benge’s own photography. These works offer a wonderful insight into the workings of Benge’s artistic methodology and his tastes as a collector and connoisseur of New Zealand and international art and photography. Webb's
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Introduction The Traveller is a survey of works drawn from the collection of New Zealand photographer Harvey Benge. Benge was a welltravelled man, who documented his journeys across the globe through a prodigious output of photobooks, many of which deal with themes of alienation, commercialism, religion, memory, international geo-politics and identity. Benge came to photography from a background as an advertising executive, in which capacity he was responsible for the New Zealand advertisements for Kodak film, a role that brought him into contact with members of the Auckland art photography community. In 1993, following the sale of his advertising agency Blue Moon, Benge’s first photobook was published by PhotoForum, entitled Four Parts Religion, Six Parts Sin, with a text by Warwick Roger. Benge was initially encouraged to pursue the route of photobook publishing by John Turner, on the basis that books would last longer than shows and that exhibitions sometimes follow books, but the opposite is by no means guaranteed. As well as being an accomplished photographer who preferred to work in colour (initially on film and later using digital cameras), Benge amassed a fascinating collection of artworks by New Zealand and overseas artists. A selection of these are presented here, along with examples of Benge’s own photography. These works offer a wonderful insight into the workings of Benge’s artistic methodology and his tastes as a collector and connoisseur of New Zealand and international art and photography.
11 Larry Sultan Canal District, San Rafael 2006. printed 2008 archival inkjet print, 1/15 signed, dated and title inscribed 265 x 350mm est
$3,000 — $5,000
International Photography Harvey Benge’s photographic collection includes works by a range of artists, including internationally recognised practitioners from Britain, France, Japan and the United States. Benge’s level of passion for, and knowledge of, the photographic canon is evident from his collection, which includes figure studies, landscapes, still lifes and street photography. Turning first to the American photographic works in the collection, one that immediately demands attention is Larry Sultan’s Canal District, San Rafael (2006). Sultan had a fascinating career; he progressed from conceptual work in the early part of his career, producing the seminal found-photobook Evidence with Mike Mandel in 1977, to later series that focused on the landscape of suburban America. In Canal District, San Rafael, three men walk across a field carrying what look like bags of groceries and a covered dish, a row of tract housing in the background placing the scene in the Californian suburbs. The men seem engaged in a procession or ritual, their banal setting made strangely pastoral by the grassy field that they traverse. A fellow American, Collier Schorr is best known for her portraits of adolescents. Her works have a crisp, hyper-real appearance drawn from her work in the fashion industry, but often incorporate elements of fantasy or dream, and deal with issues around the fetishization of youth and the politics of gender. The three works in this catalogue display these characteristics, being images of young people that are at once idealised and unsettling. In Still from Cross of Iron (2001) a shirtless young man lies in a field with his eyes closed, his hand resting across his chest near a bloodsoaked gauze bandage, while his companion turns away from the camera, seemingly calling out for help. Meanwhile, in South of No North (1995), two young women confront the camera, one wearing a brassiere and the other with a bandage wrapped around her chest, their intimate closeness manifesting a sense of solidarity and privacy that excludes the viewer from intruding on their world. Many of Benge’s own photographs of people, such as the images found in his 2014 book You Won’t Be With Me Tomorrow, share this oneiric quality and concern with the emotional trauma of interpersonal relationships. Mitch Epstein, who studied under Gary Winogrand, is perhaps best known for his documentary work dealing with
15 Collier Schorr Still from Cross of Iron 2001 archival print, 16/100 signed and dated 215 x 198mm est
$3,000 — $6,000
13 Collier Schorr South of No North 1995 c-type print, 4/5 signed and dated 495 x 699mm est Webb's
$3,000 — $5,000 2020
09
socio-political issues. The image shown here, of a tree in Prospect Park, Brooklyn, is both a masterfully executed nature study and a commentary on contemporary attitudes towards the natural world and its relation to urban life. In Epstein’s image, the tree becomes a totem or vessel, its shattered trunk framed by bare, spreading branches that seem to pulse with life and vitality like blood-rich arteries. The only French photographer in the collection, Dolores Marat is known for her highly saturated and emotionally charged images of people and cities. The work in this catalogue depicts a man watching television in a room that seems to have clouds or mountains projected or painted onto its walls. The scene has a dreamlike quality, as though the images from the television’s screen were bleeding out into the man’s reality. This interest in the unusual, the uncanny or the bizarre permeates Benge’s own work, which often deals with chance juxtapositions or moments of oddity in otherwise prosaic settings. Another notable practitioner represented here is British photographer Mark Power. A member of Magnum, he has been making documentary work about Europe and Britain since the mid-1980s. The present work is part of a series that Power made between 1992-1996, entitled The Shipping Forecast. This project documented the locations mentioned in the BBC radio weather forecast of the same name, which has been broadcast in some form since 1867. The resulting images are haunting meditations on identity, memory and place, in keeping with the status of the shipping forecast as a talisman for a poetic vision of Britain as a seafaring island nation. The travel involved in the making of this series surely resonated with Benge, who likewise undertook journeys as part of his artistic process. A fellow Briton, Hannah Collins is an accomplished fine art photographer who was nominated for the Turner Prize in 1993. The work included here, Magic in Nature (2013) depicts the flowers of the psychoactive brugmansia plant, the flowers and leaves of which contain scopolamine, a powerful hallucinogen. The beauty of the flowers belies their potentially dangerous nature; Collins captures them as ghostly forms, emerging from the darkness like wandering spirits. Brugmansia is also widely cultivated as an ornamental flower (it is in fact classified as extinct in the wild), making the dual nature of Collins’ image a reflection of the way the plant itself is used by humans. Benge was also interested in the idea of objects as carriers for metaphorical, ulterior meanings; many of his own still life and street photographs take a similar approach. Benge had a definite interest in Japan, having travelled and photographed there extensively. There are two works by Japanese photographers, Daido Morayama and Nobuyoshi Araki, included here. Benge was published alongside Daido Morayama in 2013 in the photobook Lost Home. The publication included ten photographers each responding to prose by Nobuyuki Isshiki (Japanese writer and film maker) and was launched at Paris Photo in 2013. Like Benge, Daido Morayama works primarily in the photobook medium, having published over 150 since 1968. He began his career as an assistant to the photographer Eikoh Hosoe, a notable figure in the post-World War Two Japanese avant-garde, whose works explored themes of sexuality, obsession and death. Morayama’s own work is less explicit, but still depicts contemporary society as fundamentally alienated, adopting a style referred to as “are, bure, boke,” that is, grainy, blurry and out-of-focus. Comparisons could be drawn between the works Morayama created in the late 1960s and the early works of Peter Peryer, as both deploy an intentionally degraded and blurred image as a way of metaphorically representing psychological conflict. The Morayama photograph in this catalogue depicts a car facing away from the viewer at night, illuminated by neon signs and streetlights. Although there are no humans visible in the scene, it is permeated by a sense of loss and abnegation, a recognition of human absence that refuses to be resolved or explained.
9 Hannah Collins Magic in Nature 2013 gelatin silver print, 15/25 signed 403 x 305mm est
$3,000 — $4,000
10 Daido Moriyama 森山大道 gelatin silver print, 36/50 signed and dated 120 x 160mm est
$5,000 — $8,000
16 Nobuyoshi Araki Pola Eros 2006-2009 Polaroid print signed 108 x 88mm est Webb's
$1,000 — $2,000
February
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The other image by a Japanese photographer in this catalogue is Nobuyoshi Araki’s Pola Eros (2006-2009). Araki’s work is explicitly erotic in nature, often depicting sexually charged images of women in traditional Japanese rope bondage. Araki’s photography is highly spontaneous, as is evidenced by the work in this catalogue, which uses the Polaroid format. Born during the chaos of World War Two, Araki’s work has a frenetic energy that reflects the societal upheaval of post-war Japan. Araki is, like Morayama, a noted creator of photobooks, most importantly his 1971 publication Sentimental Journey, which documents his honeymoon with his wife Yoko Aioki. Araki’s work is intensely personal and subjective, resolving itself into neither documentary equanimity nor overly-mannered formalism. Rather, it is strange, wild and uncertain, qualities that Benge surely appreciated. Like Collier Schorr, Araki produces images of people that could be dreams or memories, areas that Benge has also explored.
17 John Baldessari Two Figures: One Leaping (Orange); One Reacting (With Blue & Green) 2005 photolithograph on paper, artist's proof 4 signed and dated 570 x 460mm est
International Editions The work of John Baldessari ought to need no introduction, but it seems fitting to find an example of it in Benge’s collection. Baldessari was one of the most influential figures in the American conceptual art movement of the 1960s. Baldessari’s practice often focused around recontextualising found images to bring out ironic, humorous or subversive meanings and associations. The work in this catalogue, Two Figures: One Leaping (Orange); One Reacting (With Blue & Green) (2005) is part of a longrunning series of works in which Baldessari repurposes blackand-white photographs or film stills by introducing coloured elements (initially circular stick-on labels) that partially or totally obscure the figures present. Thus, Baldessari renders these prosaic images universal or diagrammatic by removing the issue of identity. In this work, Baldessari has covered a man leaping from a stairwell with a flat orange colour, replacing him with a shape that seems to float precariously above the picture plane, due to the harsh shadow on the wall behind him. Another figure, dodging away with a laconic expression on his face, stands in for the viewer, whose learned expectations about how to read photographic images have been shattered by Baldessari’s metaphorical headlong leap. Completing the composition, Baldessari has also introduced a blue shape that masks the staircase behind the leaping figure and a green bloblike shape that seems to be covering an armchair. These interventions further obscure the identity of the leaper, placing him on the level of an inanimate object. William Kentridge is one of South Africa’s most prominent contemporary artists, whose practice has encompassed drawing, printmaking, video work, textiles, sculpture and theatrical design. Kentridge’s work deals directly with the traumas, complexities and historical injustices of the Apartheid regime under which he grew up. The lithograph included here, Unremember Me (2015), depicts a globe crisscrossed by telecommunications in the form of utility poles, seemingly walking across a sketchily rendered landscape on pylons that function as triangular legs. Like many of Kentridge’s works, this image deals with the way the literal and metaphorical landscapes of history are eroded and compromised by the narratives that are developed to attempt to explain them. In this instance, Kentridge conceptualises the contemporary informational environment as a golem, a figure compounded from informational exchange itself, echoing the medieval concept of the body politic as an immense figure composed of myriad human forms. Kentridge’s contemporary Marlene Dumas, a fellow South African and esteemed painter, likewise has a lithographic work in the collection. This print, Faceless (1993), depicts a kneeling figure with their face covered by a cloth with two cut-out eyeholes, rendering them into a cartoonish ghost, However, like most of Dumas’ work, the scene has a psychological intensity that belies its humorous potential; the figure clutches its temples
$7,000 — $12,000
3 William Kentridge Unremember Me 2015 lithograph on paper, 2/36 signed 480 x 380mm est
$1,000 — $2,000
1 Marlene Dumas Faceless 1993 lithograph on paper, 55/200 signed, dated and title inscribed 280 x 200mm est
Webb's
$4,000 — $8,000
2020
11
27 Allen Maddox Remember c1975 oil on paper on board title inscribed 1095 x 1465mm est
Webb's
$60,000 — $90,000
February
12
as though in pain, a cryptic and unsettling image of alienation and erasure of identity. New Zealand Art Perhaps the most remarkable work in this collection is Allen Maddox’s Remember, c1975. This work shows Maddox at the height of his artistic powers, rendering a characteristic abstract of crossed lattices in vibrant hues of blue, orange, red and green. As is usual in Maddox’s work, the composition is based on rhythmic structures, counterpointed by the often frantic and expressive nature of the artist’s brushwork. The title of the work, Remember, is inscribed near the bottom of the picture plane, the informational strokes of the letterforms entangling with and cross-pollinating the slashes and drips of Maddox’s frenzied grid. Like his contemporaries Tony Fomison and Philip Clairmont, Maddox is often remembered for his bohemian lifestyle, and the extent to which he, at least in a superficial sense, conformed to the stereotype of the artist as an outsider, removed from society. However, it is important to recognise that he was also a prominent and influential abstractionist, whose works acted as a counterbalance to the cool, measured compositions of practitioners such as Don Peebles and Milan Mrkusich. Benge’s interest in Maddox was perhaps in part driven by the extremely personal nature of the latter’s paintings, and the difficulty that persists in disentangling Maddox’s creative output from his biography. This work deals with the idea of a loss of memory or a desire to recall that which has been forgotten. Remember’s cell-like divisions of the picture’s surface are layered with skeins and membranes of shimmering colour, like windows into an uneasily recalled past. The signature cross motifs that overlay this grid only partially obscure these spaces; in some areas, they appear to be breaking down, blending into the background or allowing it to permeate through to the surface. Photography in general, and some of Benge’s work in particular, is inextricably linked to ideas of memory and recollection, due to its perceived status as a record of reality, offering a seemingly direct access to the past. Perhaps, for Benge, this painting was a reminder that the past is often messy and complicated, and our attempts to recall it accurately fraught with uncertainty. Also of note amongst the works by New Zealand artists in Benge’s collection are a group of four relief prints by Pat Hanly, two from the 1960s and two from the 1980s. Figure in Light (1968), as the title suggests, is part of the iconic series of the same name. These works celebrate the often-discussed special quality of New Zealand light, representing this country as an Edenic paradise inhabited by silhouetted figures who recline in contemplation or move gracefully through an endless tide of sun. The Figure in Light work in this catalogue shows a swimmer reaching out a languid arm, her hair floating behind her, her body crisscrossed by bands of shimmering reflected light. Bowl and Spheres in Light (1967) presents a similar idea, rendering a bowl of stylised fruit as a flattened form that blends into its black, inky shadow. Benge’s interest in light as a photographer should be self-evident. However, it is also noteworthy that both works discussed above have somewhat photographic qualities in terms of composition, especially the snapshot-like cropping of the figure evident in the 1968 print. Harvey Benge Photographs Lastly, we must turn our attention to the examples of Benge’s own work offered in this auction. Although his preferred medium was the photobook, Benge also showed widely, and produced prints for exhibition and sale. The three images included here offer only a small snapshot of his extensive body of photographic work but highlight many of the important features that characterise his approach to the medium.
Webb's
2020
13
24 Harvey Benge Tokyo Girl No 1 2006 archival inkjet print signed, dated and title inscribed 900 x 620mm est
Webb's
$3,000 — $6,000
February
14
The first of these images chronologically, Two Blue Buckets-After Fraser-Rome (1994), references an image from British photographer Peter Fraser’s Everyday Icons series, Cheddar No. 5 (1985-6), which shows two plastic buckets resting side by side. Benge’s camera recaptures this chance encounter replicating itself on a Roman street in a different permutation; this time, the buckets are haphazardly stacked, their cylindrical forms interlocking to create a serendipitous sculptural moment. The feet of a nearby pedestrian, intruding into the scene from above, complete the composition, lending a mischievous, improvisational air to the image. Like many of Benge’s works, this is a street photograph that contains a riddle or curiosity, a random alignment of objects that expand in the camera’s lens into a cascade of potential associations. Similarly, In Bangkok (2001) Benge captures a commercial passenger jet passing overhead against an overcast sky, its expanse broken only by the branches of a tree emerging from the bottom of the frame. The angle of the image makes it seem as though the plane is being launched skywards at an extreme angle, as if it were attempting to leave the Earth’s atmosphere. The silhouette of the jet is a shorthand icon for the idea of travel, seen endlessly replicated in media and signage, but Benge’s photograph succeeds in making the viewer see it anew, as a bizarre metallic intruder in the vault of the sky. Lastly, there is Tokyo Girl No1 (2006), part of a series of images of women taken in Tokyo’s Harajuku fashion district. The pale face paint and fascist uniform that the subject of this photograph wears are typical of the shironui (painted white) style, a gothic subculture look. All fashion is to some extent a performance of identity, but in the case of an extreme look such as shironui, clothing and makeup can become, instead, costume and mask, accoutrements that completely transform the wearer and allow them to construct a new identity. The Tokyo Girls series fits into Benge’s broader exploration of the possibilities of travel as a catalyst for photographic seeing. By becoming a tourist, Benge also unmoored himself, configuring his practice as a floating entity detached from the specifics of any one parochial point of view. In the case of the Tokyo Girls, Benge encountered a group who were likewise interested in deliberately alienating themselves, creating moments of the strange and uncanny within the broader context of the metropolitan scene.
Webb's
2020
15
23 Mitch Epstein European Beech, Prospect Park, Brooklyn 2012 gelatin silver print, 2/15 signed, dated and title inscribed 270 x 215mm est Webb's
$1,500 — $3,000
February
16
Plates
Specialist Enquiries Charles Ninow Head of Art charles@webbs.co.nz +64 21 053 6504 AD Schierning Manager, Art ad@webbs.co.nz +64 27 929 5609 +64 9 529 5609 Condition Reports Tasha Jenkins Administrator, Art art@webbs.co.nz +64 9 529 5600 Webb's
2020
17
1
2
1 Marlene Dumas Faceless 1993 lithograph on paper, 55/200 signed, dated and title inscribed 280 x 200mm
2 Elizabeth Peyton untitled 2018 lithograph on paper, 9/30 signed, dated and title inscribed 560 x 460mm
est
est
Webb's
$4,000 — $8,000
February
$1,500 — $3,000 18
3
4
3 William Kentridge Unremember Me 2015 lithograph on paper, 2/36 signed 480 x 380mm
4 Luc Tuymans Portrait lithograph on paper, 17/143 signed and title inscribed 270 x 175mm est
est Webb's
$500 — $1,000
$1,000 — $2,000 2020
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5 Pat Hanly Night Lips 1982 relief print on paper, 4/10 signed, dated and title inscribed 515 x 525mm
6 Pat Hanly Torso 1981 relief print on paper, 16/20 signed, dated and title inscribed 400 x 320mm
est
est
Webb's
$4,000 — $7,000
February
$3,000 — $6,000
20
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8
7 Pat Hanly Figure in Light 1968 relief print on paper, 7/10 signed, dated and title inscribed 420 x 520mm
8 Pat Hanly Bowl and Spheres in Light 1967 relief print on paper, 1/6 signed, dated and title inscribed 380 x 500mm
est
est
Webb's
$3,000 — $6,000
2020
$3,000 — $6,000
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9 Hannah Collins Magic in Nature 2013 gelatin silver print, 15/25 signed 403 x 305mm
10 Daido Moriyama 森山大道 gelatin silver print, 36/50 signed and dated 120 x 160mm est
est Webb's
$5,000 — $8,000
$3,000 — $4,000
February
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11 Larry Sultan Canal District, San Rafael 2006. printed 2008 archival inkjet print, 1/15 signed, dated and title inscribed 265 x 350mm
12 Paul Graham Donegal, Ireland 2012 inkjet print signed, dated and title inscribed 160 x 200mm
est
est
Webb's
$3,000 — $5,000
2020
$3,000 — $6,000 23
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13 Collier Schorr South of No North 1995 c-type print, 4/5 signed and dated 495 x 699mm
14 Dolores Marat L'Homme á la tele - Paris archival inkjet print, 5/10 signed and title inscribed 325 x 460mm est
est
Webb's
$800 — $1,500
$3,000 — $5,000
February
24
15
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15 Collier Schorr Still from Cross of Iron 2001 archival print, 16/100 signed and dated 215 x 198mm
16 Nobuyoshi Araki Pola Eros 2006-2009 Polaroid print signed 108 x 88mm
est
est
Webb's
$3,000 — $6,000
2020
$1,000 — $2,000
25
17
17 John Baldessari Two Figures: One Leaping (Orange); One Reacting (With Blue & Green) 2005 photolithograph on paper, artist's proof 4 signed and dated 570 x 460mm est
Webb's
$7,000 — $12,000
February
26
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18 Mark Power South-East Iceland, Tuesday 20 August 1996, Variable 3, becoming southwesterly 3 or 4. Fair. Moderate with fog banks. 1996 c-type print 350 x 270mm est
Webb's
19 Jean Arp Le Soleil Recercle 1966 woodblock print on paper, 26/60 signed 460 x 355 est
$1,000 — $2,000
$700 — $1,400
2020
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20
21
20 Lucas Blalock Every Picture Surely Betrays an Elongated Set of Decisions 2011 archival inkjet print, 16/30 signed 275 x 210mm sheet
21 Collier Schorr Young Rider 2008 archival inkjet print, 37/100 signed 260 x 265mm est
est
Webb's
$600 — $900
$2,000 — $4,000
February
28
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22 Geoffrey Halpern untitled 2014 archival inkjet print, 27/50 signed 295 x 235mm est
23 Mitch Epstein European Beech, Prospect Park, Brooklyn 2012 gelatin silver print, 2/15 signed, dated and title inscribed 270 x 215mm
$400 — $800 est
Webb's
2020
$1,500 — $3,000
29
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24 Harvey Benge Tokyo Girl No 1 2006 archival inkjet print signed, dated and title inscribed 900 x 620mm est
Webb's
$3,000 — $6,000
February
30
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25 Harvey Benge Bangkok 2001 archival inkjet print, 1/3 signed, dated and title inscribed 450 x 380mm est
26 Harvey Benge Two Blue Buckets-After Fraser-rome 12/1994 1994 chromogenic print signed, dated and title inscribed 270 x 400mm
$1,200 — $1,800 est
Webb's
2020
$1,000 — $2,000 31
27
27 Allen Maddox Remember c1975 oil on paper on board title inscribed 1095 x 1465mm est
Webb's
$60,000 — $90,000
February
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28 Dennis Knight Turner Coffee Still Life 1953 oil on board signed, dated and title inscribed 430 x 285mm est
Webb's
$5,000 — $8,000
2020
33
29 30
31 32
29 Nigel Brown No Bomb, Peace Award 1989 acrylic and ink on paper signed and dated 160 x 230mm
30 Ida Eise From Rangitoto 1932 oil on canvasboard signed and dated 295 x 370mm
31 Nigel Brown Loves History 1988 handcoloured linocut on paper, 6/10 signed, dated and title inscribed 260 x 440mm
32 Claudia Pond Eyley untitled 1983 screenprint on paper, 30/55 signed and dated 630 x 760mm
est
est
est
est
Webb's
$500 — $800
February
$300 — $600
$800 — $1,400
$200 — $400
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33 34
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33 Pamela Wolfe untitled oil on board signed 880 x 585mm
34 Dean Buchanan untitled acrylic on hessian on board 770 x 400mm est
est
$600 — $900
35 Martin Ball Taiaroa Royal 2011 oil on canvas signed, dated and title inscribed 560 x 410mm
$800 — $1,600 est
36 Sylvia Siddell Banana Rape 1994 watercolour and etching on paper signed, dated, title inscribed and inscribed 'Handcoloured for Harvey' 300 x 170mm
$1,000 — $2,000 est
Webb's
2020
$300 — $600
35
40 31
40 40
37 Martin Ball untitled 2003 graphite on paper signed and dated 240 x 440mm
38 Sylvia Siddell Chocolate Box 1979 graphite on paper signed, dated and title inscribed 460 x 560mm
39 Mervyn Williams Horus Series III 1978 screenprint on paper, 1/25 signed, dated and title inscribed 705 x 625mm
40 Ross Ritchie Dirty Bugger 2007 oil on canvas signed and dated 310 x 310mm
est
est
est
est
Webb's
$600 — $900
February
$500 — $1,000
$300 — $600
$800 — $1,200
36
42 41
44 43
41 Philippa Blair untitled 1987 pastel on paper signed and dated 825 x 535mm est
Webb's
42 David Armitage Shroud acrylic and dye on canvas 1730 x 1400mm est
43 Philip Trusttum untitled acrylic on paper signed 735 x 540mm
44 Philippa Blair untitled oil on canvas signed and dated 1810 x 2300mm
est
est
$2,000 — $4,000 $1,000 — $2,000
$2,000 — $4,000
$300 — $600
2020
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Terms and Conditions The terms and conditions of sale listed here contain the policies of Webb’s Ltd. They are the terms on which Webb’s Ltd and the Seller contract with the Buyer. They may be amended by printed Saleroom Notices or oral announcements made before and during the sale. By bidding at auction you agree to be bound by these terms.
1. Background to the Terms used in these Conditions
property is therefore made between the Seller and the Buyer.
The conditions that are listed below contain terms that are used regularly and may need explanation. They are as follows:
3.
“the Buyer” means the person with the highest bid accepted by the Auctioneer. “the Lot” means any item depicted within the sale for auction and in particular the item or items described against any lot number in the catalogue. “the Hammer price” means the amount of the highest bid accepted by the auctioneer in relation to a lot. “the Buyer’s Premium” means the charge payable by the Buyer to the auction house as a percentage of the hammer price. “the Reserve” means the lowest amount at which Webb’s has agreed with the Seller that the lot can be sold. “Forgery” means an item constituting an imitation originally conceived and executed as a whole, with a fraudulent intention to deceive as to authorship, origin, age, period, culture or source, where the correct description as to such matters is not reflected by the description in the catalogue. Accordingly no lot shall be capable of being a forgery by reason of any damage or restoration work of any kind (Including re-painting). “the insured value” means the amount that Webb’s in its absolute discretion from time to time shall consider the value for which a lot should be covered for insurance (whether or not insurance is arranged by Webb’s). All values expressed in Webb’s Ltd catalogues (in any format) are in New Zealand Dollars (NZD$). All bids, “hammer price”, “reserves”, “Buyers Premium” and other expressions of value are understood by all parties to be in New Zealand Dollars (NZD$) unless otherwise specified. 2.
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Except as otherwise stated Webb’s Ltd acts as agent for the Seller.
Before the Sale
1. Examination of Property Prospective Buyers are strongly advised to examine in person any property in which they are interested before the Auction takes place. Neither Webb’s nor the Seller provides any guarantee in relation to the nature of the property apart from the Limited warranty in the paragraph below. The property is otherwise sold “AS IS” 2. Catalogue and Other Descriptions All statements by Webb’s in the catalogue entry for the property or in the condition report, or made orally or in writing elsewhere, are statements of opinion and are not to be relied upon as statements of fact. Such statements do not constitute a representation, warranty or assumption of liability by Webb’s of any kind. References in the catalogue entry to the condition report to damage or restoration are for guidance only and should be evaluated by personal inspection by the bidder or a knowledgeable representative. The absence of such a reference does not imply that an item is free from defects or restoration, nor does a reference to particular defects imply the absence of any others. Estimates of the selling price should not be relied on as a statement that this is the price at which the item will sell or it’s value for any other purpose. Neither Webb’s nor The Seller is responsible for any errors or omissions in the catalogue or any supplemental material. Images are measured height by width (sight size). Illustrations are provided only as a guide and should not be relied upon as a true representation of colour or condition. Images are not shown at a standard scale. Mention is rarely made of frames (which may be provided as supplementary images on the website) which do not form part of the lot as described in the printed catalogue. An item bought “on Extension” must be paid for in full before it will be released to the purchaser or his/ her agreed expertising committee or specialist. Payments received for
The contract for the sale of the Webb's
February
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such items will be held “in trust” for up to 90 days or earlier, if the issue of authenticity has been resolved more quickly. Extensions must be requested before the auction. Foreign buyers should note that all transactions are in New Zealand Dollars so there may be a small exchange rate risk. The costs associated with acquiring a good opinion or certificate will be carried by the purchaser. If the item turns out to be forged or otherwise incorrectly described, all reasonable costs will be borne by the vendor. 3. Buyers Responsibility All property is sold “as is” without representation or warranty of any kind by Webb’s or the Seller. Buyers are responsible for satisfying themselves concerning the condition of the property and the matters referred to in the catalogue by requesting a condition report. No lot to be rejected if, subsequent to the sale, it has been immersed in liquid or treated by any other process unless the Auctioneer’s permission to subject the lot to such immersion or treatment has first been obtained in writing. 4.
At the Sale
1. Refusal of Admission Webb’s reserves the right at our complete discretion to refuse admission to the auction premises or participation in any auction and to reject any bid. 2. Registration Before Bidding Any prospective new buyer must complete and sign a registration form and provide photo identification before bidding. Webb’s may request bank, trade or other financial references to substantiate this registration. 3. Bidding as a Principal When making a bid, a bidder is accepting personal liability to pay the purchase price including the buyer’s premium and all applicable taxes, plus all other applicable charges, unless it has been explicitly agreed in writing with Webb’s before the commencement of the sale that the bidder is acting as agent on behalf of an identified third party acceptable to Webb’s and that Webb’s will only look to the principal for payment. 4. International Registrations All International clients not known Webb's
to Webb’s will be required to scan or fax through an accredited form of photo identification and pay a deposit at our discretion in cleared funds into Webb’s account at least 24 hours before the commencement of the auction. Bids will not be accepted without this deposit. Webb’s also reserves the right to request any additional forms of identification prior to registering an overseas bid.
should contact be unsuccessful at the time of Auction. You must advise Webb’s of the lots in question and you will be assumed to be a buyer at the minimum price of 75% of estimate (i.e. reserve) for all such lots. Webb’s will advise Telephone Bidders who have registered at least 24 hours before the auction of any relevant changes to descriptions, withdrawals or any other sale room notices.
This deposit can be made using a credit card, however the balance of any purchase price in excess of $5,000 cannot be charged to this card without prior arrangement.
7. Online Bidding Webb’s offers an online bidding service. When bidding online the buyer agrees to be bound by all terms and conditions listed here by Webb’s.
This deposit is redeemable against any auction purchase and will be refunded in full if no purchases are made. 5. Absentee Bids Webb’s will use reasonable efforts to execute written bids delivered to us AT LEAST 24 Hours before the sale for the convenience of those clients who are unable to attend the auction in person. If we receive identical written bids on a particular lot, and at the auction these are the highest bids on that lot, then the lot will be sold to the person whose written bid was received and accepted first. Execution of written bids is a free service undertaken subject to other commitments at the time of the sale and we do not accept liability for failing to execute a written bid or for errors or omissions which may arise. It is the bidder’s responsibility to check with Webb’s after the auction if they were successful. Unlimited or “Buy” bids will not be accepted. 6. Telephone Bids Priority will be given to overseas and bidders from other regions. Please refer to the catalogue for the Telephone Bids form. Arrangements for this service must be confirmed AT LEAST 24 HOURS PRIOR to the auction commencing. Webb’s accepts no responsibility whatsoever for any errors or failure to execute bids. In telephone bidding the buyer agrees to be bound by all terms and conditions listed here and accepts that Webb’s cannot be held responsible for any miscommunications in the process. The success of telephone bidding cannot be guaranteed due to circumstances that are unforeseen. Buyers should be aware of the risk and accept the consequences
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Webb’s accepts no responsibility for any errors, failure to execute bids or any other miscommunications regarding this process. It is the online bidder’s responsibility to ensure the accuracy of the relevant information regarding bids, lot numbers and contact details. Webb’s does not charge for this service. 8. Reserves Unless otherwise indicated, all lots are offered subject to a reserve, which is the confidential minimum price below which the Lot will not be sold. The reserve will not exceed the low estimate printed in the catalogue. The auctioneer may open the bidding on any Lot below the reserve by placing a bid on behalf of the Seller. The auctioneer may continue to bid on behalf of seller up to the amount of the reserve, either by placing consecutive bids or by placing bids in response to other bidders. 9. Auctioneers Discretion The Auctioneer has the right at his/ her absolute and sole discretion to refuse any bid, to advance the bidding in such a manner as he/ she may decide, to withdraw or divide any lot, to combine any two or more lots and, in the case or error or dispute and whether during or after the sale, to determine the successful bidder, to continue the bidding, to cancel the sale or to reoffer and resell the item in dispute. If any dispute arises after the sale, then Webb’s sale record is conclusive. 10. Successful Bid and Passing of Risk Subject to the auctioneer’s discretion, the highest bidder
accepted by the auctioneer will be the buyer and the striking of his hammer marks the acceptance of the highest bid and the conclusion of a contract for sale between the Seller and the Buyer. Risk and responsibility for the lot (including frames or glass where relevant) passes immediately to the Buyer. 11. Indicative Bidding Steps, etc. Webb’s reserves the right to refuse any bid, withdraw any lot from sale, to place a reserve on any lot and to advance the bidding according to the following indicative steps: Increment Dollar Range Amount $20 $0–$500 $50 $500–$1,000 $100 $1,000–$2,000 $200 $2,000–$5,000 $500 $5,000–$10,000 $1,000 $10,000–$20,000 $2,000 $20,000–$50,000 $5,000 $50,000 – $100,000 $10,000 $100,000–$200,000 $20,000 $200,000–$500,000 $50,000 $500,000–$1,000,000 Absentee bids must follow these increments and any bids that don’t follow the steps will be rounded up to the nearest acceptable bid. 5.
After the Sale
1. Buyers Premium In addition to the hammer price, the buyer agrees to pay to Webb’s the buyer’s premium. The buyer’s premium is 17.5% of the hammer price plus GST. (Goods and Services Tax) where applicable. 2. Payment and Passing of Title The buyer must pay the full amount due (comprising the hammer price, buyer’s premium and any applicable taxes and GST) not later than 5 days after the auction date. The buyer will not acquire title to the lot until Webb’s receives full payment in cleared funds, and no goods under any circumstances will be released without confirmation of cleared funds received. This applies even if the buyer wishes to send items overseas. Payment can be made by direct transfer, cash (not exceeding NZD$10,000, if wishing to pay more than NZD$10,000 then this must be deposited directly into a Bank of New Zealand branch 39
and bank receipt supplied) and EFTPOS (please check the daily limit). Payments can also be made by credit card in person with a 2.2% merchant fee for Visa and Mastercard and 3.3% for American Express. Invoices that are in excess of $5,000 and where the card holder is not present, cannot be charged to a credit card without prior arrangement. Personal cheques are accepted, but funds must be cleared before goods will be released. Bank cheques are subject to five days clearance. The buyer is responsible for any bank fees and charges applicable for the transfer of funds into Webb’s account.
rate as we shall reasonably decide. 2.
3.
to cancel the sale.
4.
to resell the property publicly or privately on such terms as we see fit.
5.
to pay the Seller an amount up to the net proceeds payable in respect of the amount bid by the defaulting Buyer. In these circumstances the defaulting Buyer can have no claim upon Webb’s in the event that the item(s) are sold for an amount greater than the original invoiced amount.
3. Collection of Purchases & Insurance Webb’s is entitled to retain items sold until all amounts due to us have been received in full in good cleared funds. Subject to this, the Buyer shall collect purchased lots within 5 days from the date of the sale unless otherwise agreed in writing between Webb’s and the Buyer. 6.
to set off against any amounts which Webb’s may owe the Buyer in any other transactions, the outstanding amount remaining unpaid by the Buyer.
7.
where several amounts are owed by the Buyer to us, in respect of different transactions, to apply any amount paid to discharge any amount owed in respect of any particular transaction, whether or not the Buyer so directs.
At the fall of the hammer, insurance is the responsibility of the purchaser. 4. Packing, Handling and Shipping Webb’s will be able to suggest removals companies that the buyer can use but takes no responsibility whatsoever for the actions of any recommended third party. Webb’s can pack and handle goods purchased at the auction by agreement and a charge will be made for this service. All packing, shipping, insurance, postage & associated charges will be borne by the purchaser.
8. 5. Permits, Licences and Certificates 6. Under The Protected Objects Act 1975, buyers may be required to obtain a licence for certain categories of items in a sale from the Ministry of Culture & Heritage, PO Box 5364, Wellington.
9.
7. Remedies for Non-Payment If the Buyer fails to make full payment immediately, Webb’s is entitled to exercise one or more of the following rights or remedies (in addition to asserting any other rights or remedies available under the law) 1.
Webb's
to hold the defaulting Buyer liable for the total amount due and to commence legal proceedings for its recovery along with interest, legal fees and costs to the fullest extent permitted under applicable law.
to charge interest at such a
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to reject at any future auction any bids made by or on behalf of the Buyer or to obtain a deposit from the Buyer prior to accepting any bids. to exercise all the rights and remedies of a person holding security over any property in our possession owned by the Buyer whether by way of pledge, security interest or in any other way, to the fullest extent permitted by the law of the place where such property is located. The Buyer will be deemed to have been granted such security to us and we may retain
such property as collateral security for said Buyer’s obligations to us. 10.
to take such other action as Webb’s deem necessary or appropriate. If we do sell the property under paragraph (4), then the defaulting Buyer shall be liable for payment of any deficiency between the total amount originally due to us and the price obtained upon reselling as well as for all costs, expenses, damages, legal fees and commissions and premiums of whatever kinds associated with both sales or otherwise arising from the default. If we pay any amount to the Seller under paragraph (5) the Buyer acknowledges that Webb’s shall have all of the rights of the Seller, however arising, to pursue the Buyer for such amount.
8. Failure to Collect Purchases Where purchases are not collected within 5 days from the sale date, whether or not payment has been made, we shall be permitted to remove the property to a warehouse at the buyer’s expense, and only release the items after payment in full has been made of removal, storage handling, insurance and any other costs incurred, together with payment of all other amounts due to us. 6.
history, literature or historical relevance. Except as required by local law any warranty of any kind is excluded by this paragraph. 7.
Limited Warranty
Subject to the terms and conditions of this paragraph, the Seller warrants for the period of thirty days from the date of the sale that any property described in this catalogue (noting such description may be amended by any saleroom notice or announcement) which is stated without qualification to be the work of a named author or authorship is authentic and not a forgery. The term “Author” or “authorship” refers to the creator of the property or to the period, culture, source, or origin as the case may be, with which the creation of such property is identified in the catalogue. The warranty is subject to the following: it does not apply where a) the catalogue description or saleroom notice corresponded to the generally accepted opinion of scholars and experts at the date of the sale or fairly indicated that there was a conflict of opinions, or b) correct identification of a lot can be demonstrated only by means of a scientific process not generally accepted for use until after publication of the catalogue or a process which at the date of the publication of the catalogue was unreasonably expensive or impractical or likely to have caused damage to the property.
Extent of Webb’s Liability
Webb’s agrees to refund the purchase price in the circumstances of the Limited Warranty set out in paragraph 7 below. Apart from that, neither the Seller nor we, nor any of our employees or agents are responsible for the correctness of any statement of whatever kind concerning any lot, whether written or oral, nor for any other errors or omissions in description or for any faults or defects in any lots. Except as stated in paragraph 7 below, neither the Seller, ourselves, our officers, agents or employees give any representation warranty or guarantee or assume any liability of any kind in respect of any lot with regard to merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition
the benefits of the warranty are not assignable and shall apply only to the original buyer of the lot as shown on the invoice originally issued by Webb’s when the lot was sold at Auction. the Original Buyer must have remained the owner of the lot without disposing of any interest in it to any third party. The Buyer’s sole and exclusive remedy against the Seller in place of any other remedy which might be available, is the cancellation of the sale and the refund of the original purchase price paid for the lot less the buyer’s premium which is nonrefundable. Neither the Seller nor Webb’s will be liable for any special, incidental nor consequential damages including, without
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limitation, loss of profits. The Buyer must give written notice of claim to us within thirty days of the date of the Auction. The Seller shall have the right, to require the Buyer to obtain two written opinions by recognised experts in the field, mutually acceptable to the Buyer and Webb’s to decide whether or not to cancel the sale under warranty. the Buyer must return the lot to Seller in the same condition that it was purchased. 8. Severability If any part of these Conditions of Sale is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of the Conditions shall continue to be valid to the fullest extent permitted by law.
possible after the sale. Results will include buyer’s premium. These results will be posted at www. webbs.co.nz. 13.
GST is applicable on the hammer price in the case where the seller is selling property that is owned by an entity registered for GST. GST is also applicable on the hammer price in the case where the seller is not a New Zealand resident. These lots are denoted by a dagger symbol † placed next to the estimate. GST is also applicable on the buyer’s premium. Overseas buyers and buyers nonresident in New Zealand will not be charged GST on both hammer price and premiums under the following conditions: 1.
The items are exported through a Webb’s approved freight company including New Zealand Post
2.
The items are exported within 60 days of the date of the sale
9. Copyright The copyright in all images, illustrations and written material produced by Webb’s relating to a lot including the contents of this catalogue, is and shall remain the property at all times of Webb’s and shall not be used by the Buyer, nor by anyone else without our prior written consent. Webb’s and the Seller make no representation or warranty that the Buyer of a property will acquire any copyright or other reproduction rights in it. 10.
Goods and Service Tax
The invoice supplied by Webb’s for purchases will be regarded as a Tax invoice for GST purposes.]
Law and Jurisdiction
These terms and conditions and any matters concerned with the foregoing fall within the exclusive jurisdiction of the courts of New Zealand, unless otherwise stated. 11.
Pre-Sale Estimates
Webb’s publishes with each catalogue our opinion as to the estimated price range for each lot. These estimates are approximate prices only and are not intended to be definitive. They are prepared well in advance of the sale and may be subject to revision. Interested parties should contact Webb’s prior to auction for updated pre-sale estimates and starting prices. 12.
Sale Results
Webb’s will provide auction results, which will be available as soon as
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Index of Artists
A
T
Araki, Nobuyoshi Armitage, David Arp, Jean
23 35 25
B
Trusttum, Philip Turner, Dennis Knight Tuymans, Luc
35 31 17
W
Baldessari, John Ball, Martin Benge, Harvey Blair, Philippa Blalock, Lucas Brown, Nigel Buchanan, Dean
24 33, 34 28, 29 35 26 32 33
Williams, Mervyn Wolfe, Pamela
34 33
C Collins, Hannah
20
D Dumas, Marlene
16
E Eise, Ida Epstein, Mitch
32 27
G Graham, Paul
21
H Halpern, Geoffrey Hanly, Pat
27 18, 19
K Kentridge, William
17
M Maddox, Allen Marat, Dolores Moriyama, Daido
30 22 20
P Peyton, Elizabeth Pond Eyley, Claudia Power, Mark
16 32 25
R Ritchie, Ross
34
S Schorr, Collier Siddell, Sylvia Sultan, Larry
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22, 23, 26 33, 34 21
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