W.T.Macalister A A Deans Art Trust Collection
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Transcript of W.T.Macalister A A Deans Art Trust Collection
DECEMBER 4 – ENTRIES INVITED
FINE ART, INTERIORS & COLLECTORS CARS
Ronnie van Hout Comin’ Down 2013. Reproduced courtesy of the artist
DECEMBER 4 – ENTRIES INVITED
FINE ART, INTERIORS & COLLECTORS CARS
Allen Maddox, Untitled Grid Oil on Canvas, Signed and dated 1983 1070 x 1020mm $12,000 - $18,000
Ronnie van Hout Comin’ Down 2013. Reproduced courtesy of the artist
In 2009 Austen established the A A Deans Art Trust, in order that his private collection be managed professionally for the future benefit of his family and the community.
The Trustees are pleased to present to the market, from this body of works, forty-five paintings covering nine decades of a lifetime committed to art.
Sale Day - THUR 6.30pm
24th OCTOBER 2013
VIEWINGS
OCTOBER 19th - 24th SAT, SUN 11am - 3pm
TUE 9am - 6pm
WED 9am - 8pm
THUR 9am - 5pm
330 ST ASAPH STREET, CHRISTCHURCH 03 366 8396 [email protected]
WTMACALISTER.COM
1 Rooftops 1938 Watercolour2 Nude 1938 Oil3 Torlesse from Abners Head 1939 Watercolour4 Bottey on Laig Ghru Pass 1945 Watercolour5 Bealey Broadstream, nr Bealey 1946 Oil6 From Mt Potts, D’Archiac 1947 Watercolour7 Totara Tree, Peel Forest 1947 Oil8 Upper Waitaha 1948 Watercolour9 Swiss Houses, Evolene 1950 Oil10 Rakaia Hills 1951 Watercolour 11 Rakaia Hills 1951 Watercolour12 Mt Peel and Bush 1952 Watercolour13 Figures at Peel Forest Dog Trials 1956 Watercolour14 Campsite, Whitcombe Pass 1956 Watercolour15 Wanaka Nor’wester Over 1957 Oil16 Mills Bush, Peel Forest 1959 Oil17 Two Thumbs and Mt Sinclair 1960 Watercolour18 From the Remarkables 1960 Watercolour19 Moonlight on Stag Flat 1968 Watercolour20 Lake Sarah, Waimak 1969 Watercolour21 Mount’s Green & Walter from Tasman Glacier 1969 Watercolour22 Rata, Peel Forest 1969 Oil23 Wellington from The Crescent 1971 Watercolour24 Te Mata Peak, Hawkes Bay 1971 Watercolour25 Near Mt Hutt 1972 Watercolour26 Mt Tasman from Pioneer Hut 1973 Watercolour27 Totara 1974 Oil28 Untitled / Artists Studio Verso 1974 Oil29 Old Man Range from Mt Peel Station 1976 Oil30 Hut by Mt Cook Station 1976 Watercolour31 Tarn Cass, Mt Hutton 1978 Watercolour32 Rotten Tommy, Mt Cook c1980 Watercolour33 Rangitata from Mt Peel track c1980 Watercolour34 Mt Peel from Arundel 1980 Oil35 Breast Hill Station, Otago 1986 Watercolour36 Ti point Northland 1989 Watercolour37 Rural Oz, near Orange NSW 1990 Watercolour38 Mt Canabolos, Orange, NSW 1991 Oil39 Lake Hawea 1995 Watercolour40 Near Athabraska Glacier, Canada 2001 Watercolour41 Loch Lomond, Scotland 2005 Watercolour42 Swingbridge by Lake Heron 2005 Watercolour43 From St Winnifred’s Hut 2006 Watercolour44 Mills Bush, Peel Forest 2007 Oil45 Rangitata Gorge in Snow 2011 Watercolour
Lots
Welcome to W.T.Macalister’s fifth auction catalogue.
W.T.M was established in February 2012. During W.T.M’s first
year of trading in what can be referred to as ‘tumultuous’
times in the city of Christchurch we brought to the market
three very significant collections. Our inaugural auction
“40 years of Leo Bensemann” followed closely by the Sir Ronald
& Lady Scott collection from Wellington and the R Geoffrey
Bell Collection. All sales were highly successful and broke
several New Zealand auction records establishing W.T.M as
market leader of single owner collections. If you are looking to
sell a collection consult the name you can trust W.T.Macalister.
Now with two superb Galleries located in the Christchurch Art
District, W.T.M opens with two exceptional collections, Grahame
Sydney, Robin Judkins, 5 Decades (23rd October) and The AA
Deans Art Trust Collection (24th October). November 3rd will see
the largest private collection of Sterling Silver in New Zealand
history go under the hammer all from a Canterbury gentleman.
The Silver Sale promises to be a highlight for collectors.
The Gow Langsford Gallery (from Auckland) will be
exhibiting in our galleries from the 13th till the 23rd of
November during New Zealand Cup and Show Week.
December 4th sees the introduction of W.T.M Fine
Arts, Interiors & Collectors cars, our first multiple
vendor sale which includes Fine Jewels, Paintings,
Period furniture, Silver, Ceramics, Modern Design and
Collectors cars, Limited entries for this sale are invited.
W.T.M Gallery will also exhibit and promote New Zealand artists
from established, through mid career to emerging Artists.
Finally I would like to thank all those that have supported the
team of W.T.M, there are too many to mention individually,
however thank you to all those highly skilled and professional
people. To our clients we thank you for your support and look
forward to bringing you superb sales, exhibitions and events
at New Zealand’s newest gallery and auction house.
W.T.Macalister
1930- 1939
Graduating from Canterbury College School of Art
in 1938, Austen Deans belonged to a generation of
regionalist painters that included Rita Angus, Doris Lusk,
W. A. Sutton and Owen Lee. At Canterbury College,
Deans’ skills as a plein-air painter and water-colourist were
nurtured by Archibald Nicoll, tutor in painting. Nicoll had
gained first-hand experience of impressionist painting,
studying in Britain and Europe at the Glasgow School
in 1913 and visiting Brittany, where he worked with his
former teacher from Christchurch, Sydney Thompson.
Although tutored in oil and life studies by Cecil Kelly, (Female
nude on Green Sheet, Model – Art School 1937-38), Deans’
attention was resolutely focused upon landscape and refining
his skills in watercolour. In Mt Torlesse from Abners Head
(c. 1939), his early confidence and command of the medium
are evident in the tonal and atmospheric relationships
he establishes between land and sky, and in his ability to
render the transient qualities of light in the local landscape.
Deans attended Canterbury College over a period of
five years and made the most of his time, extending his
knowledge of the Canterbury landscape and high country,
not only as a painter, but also as a member of the Canterbury
University Tramping Club, familiarising himself with the
region surrounding Mt Torlesse and the Rakaia Gorge.
Even in his years as a student, his ability to respond to the
land attracted serious attention. Reviewing his work at an
annual exhibition of the Canterbury Society of Arts in the
late 1930s, author and artist Ngaio Marsh commented in the
Christchurch Star that Deans’ painting captured something
of the essence of the New Zealand landscape.
Austen Deans - The Decades by Dr Warren Feeney
W.T.Macalister
3 Torlesse from Abners Head 1939
Watercolour 270 x 380 Signed
$2,000 - $3,000
4 Bottey on Laig Ghru Pass 1945
Watercolour 225 x 285 Signed
$1,500 - $2,000
1940-1949 Austen Deans enlisted in the 20th Battalion of the 2nd
Expeditionary Force (2NZEF) and entered Burnham Military
Camp on 5th October 1939, arriving in Egypt at Maadi
Camp in February 1940, and taking part in the 2NZEF’s
first European campaign to repel the German invasion
of Crete. It was during this conflict that he received
official notification that he had been appointed assistant
war artist to Peter McIntyre. However, caught under fire,
Deans was treated for his wounds as the Germans took
control of Crete and he was captured and remained a
prisoner of war for the following four years, initially being
confined to the POW hospital at Kokkinia in Piraeus.
Although held captive, Deans met two other artists, Justin
O’Brien and Jesse Martin and his work became increasing
influenced by European Modernism, Post-Impressionism,
the Fauves, and artists such as Gauguin and Matisse. His
description of the landscape of Genshagen POW Camp in
Poland in his paintings during this period revealed his new-
found interest in rhythm, line and pure colour, assuming a
prominence that would have been unfamiliar to the majority
of his contemporaries in New Zealand. In these works, forms
were contained in bold outlines that reduced the illusion
of perspective on the surface of the picture plane, drawing
attention to abstract rhythms and the painted surface.
The spirit and formalism of this modernism was retained in
later works completed following his return to New Zealand
in 1945. In paintings such as Broadstream Bealey Nr
Bealey (1946) and Totara Tree, Peel Forest (1947), Deans’
attention is as much upon the treatment of form and line,
through a series of arabesque rhythms and patterns, as it
is in capturing the changing qualities of light in the land
and forest.
5 Bealey Broadstream, nr Bealey 1946
Oil 530 x 690 Signed
$4,000 - $6,000
6 From Mt Potts, D’Archiac 1947
Watercolour 265 x 365 Signed
$2000 - $3000
8 Upper Waitaha 1948
Watercolour 220 x 270 Signed
$1,000 - $2,000
9 Swiss Houses, Evolene 1950
Oil 440 x 540 Signed
$3,000 - $4,000
1950-1959Like many returned servicemen to New Zealand, Deans
initially found it challenging to resettle in his homeland. He
set up a studio in Morven at Peel Forest and instinctively
felt that his engagement with European Modernism seemed
inappropriate to interpreting the New Zealand landscape.
He did however, wish to establish a new life back in
Canterbury and in January 1947 he married Elizabeth
Hutton, the daughter of a family in a neighbouring farm. Yet,
Deans also felt that he needed to gain further study in the
fine arts and the couple decided to live in London, arriving
early in 1948. He enrolled at the London Metropolitan
University and studied under Nicholas Egon at the Sir John
Cass College, acquiring greater knowledge of the European
Old Masters. Fundamental to Egon’s tuition was a belief
in traditional methods of representation and that the true
artist must respond intuitively to the world in which they live.
For Deans such sentiment ensured that when he returned to
New Zealand in 1950, he came home with a deep affection
for the local landscape. Like many of his countrymen,
Deans appears to have discovered a new-found curiosity
in his country. Former editor of publishing company A. H.
& A. W. Reed in the 1950s, Ray Richards claimed that ‘New
Zealanders at peace were deeply in love with their own land,’
and Deans’ painting throughout this period, communicated
such a response. In Campsite, Whitcombe Pass (1956),
Deans captures the grandeur of the high country, locating
the shelter of camp in the immediate foreground as a
reassuring gesture of comfort and security. The notion of
a shared and empathetic relationship between humankind
and the natural world that this watercolour reveals, would
become a predominant theme in his work throughout the
1960s, at a time when painting and the visual arts acquired
a greater popularity in New Zealand.
11 Rakaia Hills 1951
Watercolour 255 x 360 Signed
$2,000 - $3,000
10 Inverary 1950
Watercolour 255 x 360 Signed
$2,000 - $3,000
12 Mt Peel and Bush 1952
Watercolour 265 x 360 Signed
$2,000 - $3,000
13 Figures at Peel Forest Dog Trials 1956
Watercolour 265 x 375 Signed
$3,000 - $5,000
15 Wanaka Nor’wester Over 1957
Oil 550 x 700 Signed
$4,000 - $6,000
16 Mills Bush, Peel Forest 1959
Oil 400 x 650 Signed
$3,000 - $5,000
1960-1969 Purchasing land in the early 1950s at Peel Forest, Deans
contracted architect Paul Pascoe to design his home and
by 1960s he had extended the house with an additional
storey to accommodate his growing family of seven
children. As one of the country’s few fulltime professional
artists, Deans found a welcome audience for his work as
New Zealanders began to purchase original works of art.
Within this environment, Sir Henry Kelliher, entrepreneur
and businessman, established the Kelliher Landscape
Competition. As the country’s leading art award the annual
competition and exhibition gave national prominence to
artists such as Peter McIntyre, Owen Lee and Deans. In
both 1962 and 1963, Deans won first prize and alongside
his representation in the increasing number of dealer
galleries and arts publications on New Zealand painting, he
became one of the country’s best-known artists. In 1967,
his reputation was consolidated as his life and art became
the subject of a book. Pictures was published by A. H &
A W. Reed and further increased the artist’s public profile,
putting his art into the homes of numerous New Zealanders.
Deans’ reputation during this period resided in his acute
response to the detail of light and the landscape, his skill as
a water-colourist and his ability to work within well-known
traditions of landscape painting. Lake Sarah Mounts
Green (1969) is typical of his work. Deans encourages
the gallery visitor to seemingly take possession of an
expansive landscape, (one that is entirely untouched by
the presence of humanity), through the act of looking and
by the convincing way in which his composition takes the
viewer to the middle distance of the painting and to its
dramatic record of Canterbury hills in deepening shadows.
19 Moonlight on Stag Flat 1968
Watercolour 190 x 280
$700 - $1200
20 Lake Sarah, Waimak 1969
Watercolour 260 x 370 Signed
$1500 - $2500
22 Mount’s Green & Walter from Tasman Glacier 1969
Watercolour 290 x 390
$1,000 - $2,000
21 Rata, Peel Forest 1969
Oil 400 x 580 Signed
$3,000 - $4,000
1970-1979 By the 1970s Deans’ family was growing up and leaving
home and his career as a popular professional New
Zealand artist continued to flourish. However, the
success of his painting resided, not merely in his ability
to observe and record the natural world, it was equally
and implicitly concerned with a profound response to
Nature. Informed by his religious faith, he revealed an
understated comprehension of Nature as evidence of
a divine presence. He commented about his painting:
‘Seeing something in Nature that intensifies my joy in
being alive, I want to try to reproduce it in such a form that
when I see it again I re-live my joy at that divine moment.
By so painting I hope to share my own delight with other
people.’ Certainly, the attention to light and the evocative
luminosity in watercolours like Near Mt Hutt (1972), reveals
such sentiments and this response is similarly evident
in his attention to the detail and variety of his record of
the natural world. Moreover, his love of Nature was not
just confined to his painting. In 1974 at the age of 59 he
climbed to the top of Aoraki/Mt Cook, and followed this
achievement five years later, ascending to the peak of Mt
D’Archiac at the head of the Rangitata Gorge.
Deans continued to exhibit locally and nationally throughout
the 1970s, gaining second place in the Kelliher Landscape
Competition in 1970 and at the end of the decade, holding
an exhibition with his sons, Paul, Nick, Peter Deans and
sister-in-law Eva at the Canterbury Society of Arts Gallery
in Christchurch. Deans commented on his work in this
exhibition: ‘My aims, artistic or not, are simple and limited.
If I can use tone, colour, proportion, to bring back the magic
of existence in Canterbury’s clear, luminous atmosphere,
particularly back country, I am happy.’
23 Wellington from The Crescent 1971
Watercolour 370 x 550 Signed
$2,000 - $3,000
24 Te Mata Peak, Hawkes Bay 1971
Watercolour 300 x 470 Signed
$2,000 - $3,000
25 Near Mt Hutt 1972
Watercolour 265 x 410 Signed
$2,000 - $3,000
26 Mt Tasman from Pioneer Hut 1973
Watercolour 250 x 350 Signed
$700 - $1,200
29 Old Man Range from Mt Peel Station 1976
Oil 300 x 510 Signed
$2,000 - $3,000
30 Hut by Mt Cook Station 1976
Watercolour 355 x 270 Signed
$1,000 - $2,000
31 Tarn Cass, Mt Hutton 1978
Watercolour 270 x 380 Signed
$1,500 - $2,500
32 Rotten Tommy, Mt Cook c1980
Watercolour 380 x 560 Signed
$2,000 - $3,000
1980-1989In 1981, Deans visited Antarctica, following –as he later
admitted - in the footsteps of landscape painter and war
artist Peter McIntyre who had been to the region in 1958.
Over the next two years, Deans completed a series of
studies of the Antarctica region, working in oil on a scale
that remains among the largest works he completed.
The exhibition of Deans’ paintings opened in Wellington at
the Beehive, but attracted limited interest. Predominated
by a range of cool blues and ochres, Deans rated this
series among his best work, but it failed to attract the
immediate admiration of his more popular landscapes,
with belated attention only accorded to these paintings in
2008 when they were exhibited in the Christchurch Art
Gallery’s Antarctica Gallery for a period of four months.
Deans was challenged by the weather conditions
of Antarctica and relied on his skills as a seasoned
topographer and rapid note-taker, working in pencil and
completing quick watercolour sketches. Indeed, the
demands of painting this series in a hostile landscape
served to again reveal that Deans’ sensitivity to observation
remained as astute and skilful as it had always been.
In his more familiar choice of subjects from this period
such as Breast Hill Station Otago (1986), Deans captured
the experience of watching the light and colours of the
South Island landscape. In contrast, the watercolour,
Ti Point Northland (1989) completed in a part of
New Zealand less well known to the artist, Deans adopts
an entirely different palette, yet it represents an equally
sensitive and acute observation of the land, its flora and
fauna and transient light.
34 Mt Peel from Arundel 1980
Oil 675 x 1120 Signed
$10,000 - $15,000
35 Breast Hill Station, Otago 1986
Watercolour 260 x 360 Signed
$2,000 - $3,000
36 Ti point Northland 1989
Watercolour 280 x 405 Signed
$2,000 - $3,000
37 Rural Oz, near Orange NSW 1990
Watercolour 360 x 545 Signed
$2,000 - $3,000
1990-1999 In the 1990s, Deans received recognition for his life-
long commitment to landscape painting. In 1995 he was
awarded the Order of the British Empire for services to
the arts and his work also formed the subject of a survey
exhibition, encompassing 60 years of painting, at the
Canterbury Society of Arts Gallery. This comprehensive
show, featured 130 works by the artist from his graduate
years in the late 1930s to his war paintings and Antarctica
series in the 1980s. Interviewed in The Press, he reaffirmed
his commitment to painting, noting that at 79 years of age
he was currently looking forward to painting in the Copland
Pass, but he might ‘have left it too late. I’ll get the boys to
carry some of my gear. It’s a three day trip.’ Director of
the CSA Gallery, Nigel Buxton praised Deans as an artist
who excelled in watercolour; ‘a superb draftsman with an
excellent eye.’ The exhibition highlighted his skills as one
of New Zealand’s most accomplished water-colourists and
landscape painters and was complemented in December
1996 by a further survey exhibition of paintings sourced
from private collections throughout the South Island,
held at the Aigantighe Art Gallery. Deans continued to
demonstrate that Peel Forest and South Canterbury
remained a favourite subject. In an untitled watercolour
of the Geraldine district from 1995 he acutely renders the
reflections of light, permeating the sky and lake in the
foreground of the painting, capturing not only the detail of
the landscape, but equally a sense of the artist’s presence
and personal history and connection to this environment.
2000-2011 The death of his wife in 2004, after 57 years of marriage
was a shock to Deans and in 2005, he immersed himself in
travelling to the United Kingdom and watching the centenary
of the All Blacks-Wales Rugby match. During this decade
however, he also continued to paint, exhibiting regularly with
the South Canterbury Art Society in its annual exhibitions.
Although claiming that he now preferred to focus on his
home in Peel Forest, in April 2007 he attended the opening
of the National Collection of War Art in Wellington held
by National Archives. Deans was an important guest,
representing New Zealand’s last living war artist from the
Second World War. Memories of the war remained a part of
his life, and in 2009 following his second marriage, this time
to his long-time friend Margaret Alpers, with his son Paul
he revisited Greece and Crete, returning to the site where
he had fought the German invasion and been captured.
Like Peel Forest and Geraldine, the Rangitata River had
also been a favourite subject of Deans’ watercolours and it
remained so in his later years. The Rangitata had been the
subject of his entry in the Kelliher Landscape Competition in
1970 in which he had received second prize. It was ideally
suited to Deans for such an award exhibition, allowing the
artist to take advantage of its panoramic views and the
accompanying drama of such a scene. It was a subject
ideally suited to a competition. Certainly, the grandeur of
nature, evident in the scale of Deans’ Rangitata paintings
remains evident in this late work by the artist, Rangitata
Gorge Looking to Mesapotamia from White Rock Station
(2011), completed in the year of his death.
42 Swingbridge by Lake Heron 2005
Watercolour 170 x 275 Signed
$1,000 - $1,500
43 From St Winnifred’s Hut 2006
Watercolour 150 x 210
$500 - $1,000
44 Mills Bush, Peel Forest 2007
Oil 440 x 340 Signed
$2,000 - $3,000
45 Rangitata Gorge in Snow 2011
Watercolour 295 x 945 Signed
$4,000- $6,000
37
DEFINITIONS
1.1 “Auctioneer” includes and means the person authorised as agent to conduct a sale and his, her, its or their employees or agents in any way assisting in the auction or the recording of it.
1.2 “Bidder” means any Person (whether present or not) and his, her or its agent or employee placing or making bids or leading the auctioneer to believe that person, agent or employee is making bids. The bidder shall be deemed a principal and personally liable to complete any purchase including for absentee bids.
1.3 “Lot(s)” means the Property for sale by way of Auction at any one time.
1.4 “Person” means any company, firm or legally recognised body whether incorporated or not.
1.5 “Property” means the goods, items, chattels, land, estates or interests being auctioned.
1.6 “Purchaser” means the person to whom the Property is knocked down by the auctioneer in an at that time uncontested auction.
1.7 “Vendor” means the person placing the property with the auctioneer for sale and includes such a person’s actual or purported agents or employees.
2 Registration All Purchaser’s must register with the Auctioneer prior to bidding by completing a registration card with their correct details and particulars.
3 Bidding The highest Bidder shall become the Purchaser subject to the Auctioneer having the right to refuse any bid or resolve any dispute by putting such
Lot up for immediate resale, and the Auctioneers declaration shall be conclusive. The Auctioneer alone may fix the amount of a bid or permit it to be withdrawn. The Auctioneer will resolve any dispute about the bidding, whether at or after the auction. The Auctioneer may combine or divide Lots. A bid authorises the Auctioneer to note the auction sheet and, where writing is required, to execute the contract at that bid on behalf of the bidder and authorises the charge of any buyer’s premium referred to in clause 8.
4 Payment Unless arranged otherwise in writing with the Vendor and Auctioneer, the terms of sale are cash on the fall of the hammer for all Property except real estate, and subject to W.T.Macalisters Payment Conditions.
5 Reserves / Vendor Bidding If the Auctioneer has stated whether in relation to the particular Lot, that the auction is subject to a reserve price and/or that the Vendor reserves the right to bid, the Vendor may personally or through the Auctioneer bid as often as desired. Where the highest bid is below the vendor’s reserve, the Auctioneer may state the sale is subject to the Vendor’s consent or words to that effect, and the highest bid shall remain valid until either accepted or rejected by the Auctioneer.
6 Attribution Where any Property has been attributed to a particular artist it shall be clearly stated as being “attributed” in the auction guide, catalogue, or at the auction. The Auctioneer accepts
termS and ConditionS
no liability whatsoever in respect of erroneous or false attribution.
7 Vendor Warranty Unless specifically stated otherwise in relation to identified Property the Vendor warrants only:
(a) That the title in the property sold will pass to the purchaser only upon the purchaser completing payment in full by cash, cleared cheque, or cleared electronic bank transfer.
(b) That there are or will be no security interests, liens, or encumbrances on the Property not advised in particulars of sale or by the Auctioneer before entering upon the auction.
8 Buyer’s Premium Where announced or notified before the auction that there is a buyer’s premium and the amount of or the method of calculating it.
8.1 Upon the fall of the hammer, the Purchaser is to pay the amount of 15% plus GST, totalling 17.25%.
9 Delivery All Property sold shall be removed on the day of the auction, subject to payment in full as required or as otherwise provided in the particulars or announced. If not removed the Auctioneer may charge a reasonable sum for warehousing Property, but will not be liable to the Purchaser for them in any respect.
10 Default If the Purchaser fails to pay the
purchase price or collect the Property as required, the Auctioneer may elect to resell the Property in any manner without notice to the Purchaser who will be liable for any deficiency in
price (after allowing all commissions or expenses of resale whether of the Auctioneer, Vendor or others), the buyer’s premium and liquidated damages of one and a half times the standard overdraft interest rate being charged by the Auctioneer’s bank at the time of sale (as conclusively certified by the apparent manager of the bank) or may sue for the price, liquidated damages as calculated above and solicitor and client costs for pursuing the Purchaser, whether or not cancelling the contract. In the event of there being any surplus following resale it will belong to the Vendor. The Purchaser may not recover more than actually paid by the Purchaser.
11 Storage In the event of any Purchaser’s default, the Auctioneer shall be entitled to store any Property at the expense of the Purchaser in its own store or elsewhere, to charge interest on the purchase price at a rate of 5% per month, and to retain possession of any other Property the Purchaser has purchased until such time as all charges then owing have been met by the Purchaser.
12 Provenance If provenance of Property is warranted it shall be clearly stated in the auction guide, catalogue or at the auction by the Auctioneer. A Purchaser may within 14 days of the auction prove to the satisfaction of the Auctioneer that the property is a forgery, whereupon the Vendor will repay the purchase price or deposit, as the case may be, in full, subject to the return of the Property in good condition.
termS and ConditionS
37
DEFINITIONS
1.1 “Auctioneer” includes and means the person authorised as agent to conduct a sale and his, her, its or their employees or agents in any way assisting in the auction or the recording of it.
1.2 “Bidder” means any Person (whether present or not) and his, her or its agent or employee placing or making bids or leading the auctioneer to believe that person, agent or employee is making bids. The bidder shall be deemed a principal and personally liable to complete any purchase including for absentee bids.
1.3 “Lot(s)” means the Property for sale by way of Auction at any one time.
1.4 “Person” means any company, firm or legally recognised body whether incorporated or not.
1.5 “Property” means the goods, items, chattels, land, estates or interests being auctioned.
1.6 “Purchaser” means the person to whom the Property is knocked down by the auctioneer in an at that time uncontested auction.
1.7 “Vendor” means the person placing the property with the auctioneer for sale and includes such a person’s actual or purported agents or employees.
2 Registration All Purchaser’s must register with the Auctioneer prior to bidding by completing a registration card with their correct details and particulars.
3 Bidding The highest Bidder shall become the Purchaser subject to the Auctioneer having the right to refuse any bid or resolve any dispute by putting such
Lot up for immediate resale, and the Auctioneers declaration shall be conclusive. The Auctioneer alone may fix the amount of a bid or permit it to be withdrawn. The Auctioneer will resolve any dispute about the bidding, whether at or after the auction. The Auctioneer may combine or divide Lots. A bid authorises the Auctioneer to note the auction sheet and, where writing is required, to execute the contract at that bid on behalf of the bidder and authorises the charge of any buyer’s premium referred to in clause 8.
4 Payment Unless arranged otherwise in writing with the Vendor and Auctioneer, the terms of sale are cash on the fall of the hammer for all Property except real estate, and subject to W.T.Macalisters Payment Conditions.
5 Reserves / Vendor Bidding If the Auctioneer has stated whether in relation to the particular Lot, that the auction is subject to a reserve price and/or that the Vendor reserves the right to bid, the Vendor may personally or through the Auctioneer bid as often as desired. Where the highest bid is below the vendor’s reserve, the Auctioneer may state the sale is subject to the Vendor’s consent or words to that effect, and the highest bid shall remain valid until either accepted or rejected by the Auctioneer.
6 Attribution Where any Property has been attributed to a particular artist it shall be clearly stated as being “attributed” in the auction guide, catalogue, or at the auction. The Auctioneer accepts
termS and ConditionS
no liability whatsoever in respect of erroneous or false attribution.
7 Vendor Warranty Unless specifically stated otherwise in relation to identified Property the Vendor warrants only:
(a) That the title in the property sold will pass to the purchaser only upon the purchaser completing payment in full by cash, cleared cheque, or cleared electronic bank transfer.
(b) That there are or will be no security interests, liens, or encumbrances on the Property not advised in particulars of sale or by the Auctioneer before entering upon the auction.
8 Buyer’s Premium Where announced or notified before the auction that there is a buyer’s premium and the amount of or the method of calculating it.
8.1 Upon the fall of the hammer, the Purchaser is to pay the amount of 15% plus GST, totalling 17.25%.
9 Delivery All Property sold shall be removed on the day of the auction, subject to payment in full as required or as otherwise provided in the particulars or announced. If not removed the Auctioneer may charge a reasonable sum for warehousing Property, but will not be liable to the Purchaser for them in any respect.
10 Default If the Purchaser fails to pay the
purchase price or collect the Property as required, the Auctioneer may elect to resell the Property in any manner without notice to the Purchaser who will be liable for any deficiency in
price (after allowing all commissions or expenses of resale whether of the Auctioneer, Vendor or others), the buyer’s premium and liquidated damages of one and a half times the standard overdraft interest rate being charged by the Auctioneer’s bank at the time of sale (as conclusively certified by the apparent manager of the bank) or may sue for the price, liquidated damages as calculated above and solicitor and client costs for pursuing the Purchaser, whether or not cancelling the contract. In the event of there being any surplus following resale it will belong to the Vendor. The Purchaser may not recover more than actually paid by the Purchaser.
11 Storage In the event of any Purchaser’s default, the Auctioneer shall be entitled to store any Property at the expense of the Purchaser in its own store or elsewhere, to charge interest on the purchase price at a rate of 5% per month, and to retain possession of any other Property the Purchaser has purchased until such time as all charges then owing have been met by the Purchaser.
12 Provenance If provenance of Property is warranted it shall be clearly stated in the auction guide, catalogue or at the auction by the Auctioneer. A Purchaser may within 14 days of the auction prove to the satisfaction of the Auctioneer that the property is a forgery, whereupon the Vendor will repay the purchase price or deposit, as the case may be, in full, subject to the return of the Property in good condition.
termS and ConditionS
37
DEFINITIONS
1.1 “Auctioneer” includes and means the person authorised as agent to conduct a sale and his, her, its or their employees or agents in any way assisting in the auction or the recording of it.
1.2 “Bidder” means any Person (whether present or not) and his, her or its agent or employee placing or making bids or leading the auctioneer to believe that person, agent or employee is making bids. The bidder shall be deemed a principal and personally liable to complete any purchase including for absentee bids.
1.3 “Lot(s)” means the Property for sale by way of Auction at any one time.
1.4 “Person” means any company, firm or legally recognised body whether incorporated or not.
1.5 “Property” means the goods, items, chattels, land, estates or interests being auctioned.
1.6 “Purchaser” means the person to whom the Property is knocked down by the auctioneer in an at that time uncontested auction.
1.7 “Vendor” means the person placing the property with the auctioneer for sale and includes such a person’s actual or purported agents or employees.
2 Registration All Purchaser’s must register with the Auctioneer prior to bidding by completing a registration card with their correct details and particulars.
3 Bidding The highest Bidder shall become the Purchaser subject to the Auctioneer having the right to refuse any bid or resolve any dispute by putting such
Lot up for immediate resale, and the Auctioneers declaration shall be conclusive. The Auctioneer alone may fix the amount of a bid or permit it to be withdrawn. The Auctioneer will resolve any dispute about the bidding, whether at or after the auction. The Auctioneer may combine or divide Lots. A bid authorises the Auctioneer to note the auction sheet and, where writing is required, to execute the contract at that bid on behalf of the bidder and authorises the charge of any buyer’s premium referred to in clause 8.
4 Payment Unless arranged otherwise in writing with the Vendor and Auctioneer, the terms of sale are cash on the fall of the hammer for all Property except real estate, and subject to W.T.Macalisters Payment Conditions.
5 Reserves / Vendor Bidding If the Auctioneer has stated whether in relation to the particular Lot, that the auction is subject to a reserve price and/or that the Vendor reserves the right to bid, the Vendor may personally or through the Auctioneer bid as often as desired. Where the highest bid is below the vendor’s reserve, the Auctioneer may state the sale is subject to the Vendor’s consent or words to that effect, and the highest bid shall remain valid until either accepted or rejected by the Auctioneer.
6 Attribution Where any Property has been attributed to a particular artist it shall be clearly stated as being “attributed” in the auction guide, catalogue, or at the auction. The Auctioneer accepts
termS and ConditionS
no liability whatsoever in respect of erroneous or false attribution.
7 Vendor Warranty Unless specifically stated otherwise in relation to identified Property the Vendor warrants only:
(a) That the title in the property sold will pass to the purchaser only upon the purchaser completing payment in full by cash, cleared cheque, or cleared electronic bank transfer.
(b) That there are or will be no security interests, liens, or encumbrances on the Property not advised in particulars of sale or by the Auctioneer before entering upon the auction.
8 Buyer’s Premium Where announced or notified before the auction that there is a buyer’s premium and the amount of or the method of calculating it.
8.1 Upon the fall of the hammer, the Purchaser is to pay the amount of 15% plus GST, totalling 17.25%.
9 Delivery All Property sold shall be removed on the day of the auction, subject to payment in full as required or as otherwise provided in the particulars or announced. If not removed the Auctioneer may charge a reasonable sum for warehousing Property, but will not be liable to the Purchaser for them in any respect.
10 Default If the Purchaser fails to pay the
purchase price or collect the Property as required, the Auctioneer may elect to resell the Property in any manner without notice to the Purchaser who will be liable for any deficiency in
price (after allowing all commissions or expenses of resale whether of the Auctioneer, Vendor or others), the buyer’s premium and liquidated damages of one and a half times the standard overdraft interest rate being charged by the Auctioneer’s bank at the time of sale (as conclusively certified by the apparent manager of the bank) or may sue for the price, liquidated damages as calculated above and solicitor and client costs for pursuing the Purchaser, whether or not cancelling the contract. In the event of there being any surplus following resale it will belong to the Vendor. The Purchaser may not recover more than actually paid by the Purchaser.
11 Storage In the event of any Purchaser’s default, the Auctioneer shall be entitled to store any Property at the expense of the Purchaser in its own store or elsewhere, to charge interest on the purchase price at a rate of 5% per month, and to retain possession of any other Property the Purchaser has purchased until such time as all charges then owing have been met by the Purchaser.
12 Provenance If provenance of Property is warranted it shall be clearly stated in the auction guide, catalogue or at the auction by the Auctioneer. A Purchaser may within 14 days of the auction prove to the satisfaction of the Auctioneer that the property is a forgery, whereupon the Vendor will repay the purchase price or deposit, as the case may be, in full, subject to the return of the Property in good condition.
termS and ConditionS
39
13 Antiquities / Firearms Purchaser’s who purchase an item classified by the Antiquities Act 1975 or the Arms Act 1958 may not take possession until they have produced a valid licence under the requisite Act.
14 Auctioneers Liability The Auctioneer will not be liable to the bidder or Purchaser for:
(a) Except for any statement or warranty by the Auctioneer personally, otherwise all Lots are sold as viewed with all errors, misdescriptions, faults and imperfections whether visible or not;
(b) Any warranty of title or freedom from encumbrances;
(c) Any misdescription or errors in condition, state, size, quality or quantity or for any other error whatsoever;
(d) Any Vendor bidding without the Auctioneer’s knowledge; or
(e) Any failure to bid for a bidder. The Auctioneer will not be liable
to the Vendor:(f) Directly or by indemnity for any of the
matters referred to in clause 14, except where the breach, or other wrong, was deliberate and without authority from or assistance by the Vendor; or
(g) For any failure to collect the price or deposit from the Purchaser as the case may be.
15 Risk The Auctioneer will not guarantee the safety of any Property or documents of provenance warehoused following sale, but undertakes to the Purchaser alone that the Auctioneer’s premises are reasonably secure (but not measured in relation to the Property held) and to hold bailee’s insurance.
16 Monies Received All monies received by the Auctioneer will be held in trust for the credit of the Vendor, but the Auctioneer may deduct fees (whether the liability of the Vendor or Purchaser), expenses and any moneys necessary to perfect title to the Purchaser or to ensure compliance by the Vendor of any other warranty or undertaking to the Purchaser.
17 Licence The Auctioneer warrants to all persons that the Auctioneer is the holder of a current Auctioneers Licence pursuant to the Auctioneers Act 1928.
18 Vendor Warranties The Vendor has warranted to the Auctioneer that they have the power to sell the Property and that at the time of delivery the Property shall be free of all encumbrances.
19 Payment Conditions(a) Credit cards accepted are Visa and
MasterCard; they will attract a 4% charge on top of the Hammer price plus buyer’s premium. A buyer’s premium at the stated rate + GST is applicable to all Lots sold.
(b) W.T.Macalister are happy to give condition reports on specific Lots to the best of our ability, but they are only given as a guide not as a statement of fact refer clause 14(a).
(c) All Lots are to be taken away at the buyer’s expense within TWO days from the date of sale.
Auction conducted by W.T.Macalister LTD, Licensed Auctioneers. A member of the Macalister Group of Companies.
termS and ConditionS
Contact
buyer no.
address
Phone no.
Signed
bidsLot No. Description Bid
Please bid on my behalf for the above mentioned lots up to the price stated.
lots will be bought as responsibly as allowed by such other bids and reserves, if any,
in accordance with the terms and Conditions of Sale (over page).
Please telephone the office after the sale for confirmation on bids.
i understand that there is a buyers premium of 15% plus GSt (totalling 17.25%).
n.b. W.t.macalister offer this service as a convenience to its clients who are unable to attend the sale and will not be
held responsible for error of failure to execute bids.
deliver to W.t.macalister, 330 St Asaph Street, Christchurch or email [email protected] phone 03 366 0236 or 021 925 333
abSentee / telePhone biddinG
dated
39
13 Antiquities / Firearms Purchaser’s who purchase an item classified by the Antiquities Act 1975 or the Arms Act 1958 may not take possession until they have produced a valid licence under the requisite Act.
14 Auctioneers Liability The Auctioneer will not be liable to the bidder or Purchaser for:
(a) Except for any statement or warranty by the Auctioneer personally, otherwise all Lots are sold as viewed with all errors, misdescriptions, faults and imperfections whether visible or not;
(b) Any warranty of title or freedom from encumbrances;
(c) Any misdescription or errors in condition, state, size, quality or quantity or for any other error whatsoever;
(d) Any Vendor bidding without the Auctioneer’s knowledge; or
(e) Any failure to bid for a bidder. The Auctioneer will not be liable
to the Vendor:(f) Directly or by indemnity for any of the
matters referred to in clause 14, except where the breach, or other wrong, was deliberate and without authority from or assistance by the Vendor; or
(g) For any failure to collect the price or deposit from the Purchaser as the case may be.
15 Risk The Auctioneer will not guarantee the safety of any Property or documents of provenance warehoused following sale, but undertakes to the Purchaser alone that the Auctioneer’s premises are reasonably secure (but not measured in relation to the Property held) and to hold bailee’s insurance.
16 Monies Received All monies received by the Auctioneer will be held in trust for the credit of the Vendor, but the Auctioneer may deduct fees (whether the liability of the Vendor or Purchaser), expenses and any moneys necessary to perfect title to the Purchaser or to ensure compliance by the Vendor of any other warranty or undertaking to the Purchaser.
17 Licence The Auctioneer warrants to all persons that the Auctioneer is the holder of a current Auctioneers Licence pursuant to the Auctioneers Act 1928.
18 Vendor Warranties The Vendor has warranted to the Auctioneer that they have the power to sell the Property and that at the time of delivery the Property shall be free of all encumbrances.
19 Payment Conditions(a) Credit cards accepted are Visa and
MasterCard; they will attract a 4% charge on top of the Hammer price plus buyer’s premium. A buyer’s premium at the stated rate + GST is applicable to all Lots sold.
(b) W.T.Macalister are happy to give condition reports on specific Lots to the best of our ability, but they are only given as a guide not as a statement of fact refer clause 14(a).
(c) All Lots are to be taken away at the buyer’s expense within TWO days from the date of sale.
Auction conducted by W.T.Macalister LTD, Licensed Auctioneers. A member of the Macalister Group of Companies.
termS and ConditionS
Contact
buyer no.
address
Phone no.
Signed
bidsLot No. Description Bid
Please bid on my behalf for the above mentioned lots up to the price stated.
lots will be bought as responsibly as allowed by such other bids and reserves, if any,
in accordance with the terms and Conditions of Sale (over page).
Please telephone the office after the sale for confirmation on bids.
i understand that there is a buyers premium of 15% plus GSt (totalling 17.25%).
n.b. W.t.macalister offer this service as a convenience to its clients who are unable to attend the sale and will not be
held responsible for error of failure to execute bids.
deliver to W.t.macalister, 330 St Asaph Street, Christchurch or email [email protected] phone 03 366 0236 or 021 925 333
abSentee / telePhone biddinG
dated
Silver SaleSunday 3rd November 11amA lifetime collection from a Canterbury Gentleman
The
A real sense of valueAs one of New Zealand’s oldest commercial property services firm, Jones Lang LaSalle prides itself on delivering exceptional value to all its clients; whether its owners, investors or occupiers. With our in-depth, property knowledge and insight we achieve the best possible solutions with the best possible results. Find out what real value in real estate means to us at: joneslanglasalle.co.nzValuations ▪ Corporate Finance ▪ Leasing ▪ Management ▪ Sales ▪ Project Management ▪ Research ▪ Consulting
JLLad_watsonauctions_chch.indd 1 1/10/2013 12:31:09 p.m.
A real sense of valueAs one of New Zealand’s oldest commercial property services firm, Jones Lang LaSalle prides itself on delivering exceptional value to all its clients; whether its owners, investors or occupiers. With our in-depth, property knowledge and insight we achieve the best possible solutions with the best possible results. Find out what real value in real estate means to us at: joneslanglasalle.co.nzValuations ▪ Corporate Finance ▪ Leasing ▪ Management ▪ Sales ▪ Project Management ▪ Research ▪ Consulting
JLLad_watsonauctions_chch.indd 1 1/10/2013 12:31:09 p.m.