A carved kerosene shale portrait bust by John Baird, Sydney, circa 1885
reputedly an image of John Baird's son, Lignite
48cm high

PROVENANCE
John Hawkins Antiques, Tasmania

NOTE
John Baird (1834-1894) was an amateur sculptor who was a postman in Sydney. He worked in kerosene shale, an unusual material for sculpture, which was mined on the North Shore and at Hartley and although he did not exhibit his work during his lifetime it was the subject of an article in the "Illustrated Sydney News" in 1886 titled Carvings in Shale- a Sydney Postman's Discovery. He specialised in animals, medallions of notable people, and members of his family. The bust of Jane, his wife, is in the collection of the National Gallery of Australia.

Conditions of Sale

The terms and conditions of sale listed here contain
the policies of Gibson's Auctioneers & Valuers
Pty Ltd. They are the terms on which Gibson's
Auctioneers & Valuers Pty Ltd and the Seller
contract with the Buyer. They may be amended by
printed Saleroom Notices or oral announcements
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1. Background to the Terms used in
these Conditions
The conditions that are listed below contain terms
that are used regularly and may need explanation.
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"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.
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J) SUCCESSFUL BID AND PASSING OF RISK
Subject to the auctioneer's discretion, the highest
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frames or glass where relevant) passes immediately
to the Buyer.
K) INDICATIVE BIDDING STEPS, ETC.
Gibson's Auctioneers & Valuers 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:
Increment Amount Dollar Range
$20 $0-$500
$50 $500-$1,000
$100 $1,000-$2,000
$200 $2,000-$5,000
$500 $5,000-$10,000
$1,000 $10,000-$20,000
$2,000 $20,000-$50,000
$5,000 $50,000-$100,000
$10,000 $100,000-$200,000
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$50,000 $500,000-$1,000,000
Absentee bids must follow these increments and
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(3) days after the auction date.
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Gibson's Auctioneers & Valuers receives full
payment in cleared funds, and no goods under
any circumstances will be released without
confirmation of cleared funds received. This applies
even if the buyer wishes to send items interstate
or overseas.
Payment can be made by the following means:
• Bank Transfer/Direct Deposit is our preferred
method of payment
Bank: Bank of Melbourne
Account Name: Gibsons Auctions Pty Ltd
BSB: 193 879
Account No.: 441701443
Swift Code: SGBLAU2F
Routing Code: 021000021
Bank Address: 197-201 Glenferrie Road,
Malvern, Vic, 3144
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• Personal, Company and Bank Cheques are not
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incl GST merchant fee)
Please note that credit card transactions
over $5,000 will not be accepted over the
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• Cash up to AU$10,000 can accepted in
cash. For any amount over this, cash is to be
deposited directly into our account at a Bank
of Melbourne/St George branch
C) COLLECTION OF PURCHASES &
INSURANCE
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items sold until all amounts due to us have been
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this, the Buyer shall collect purchased lots within
three (3) days from the date of the sale unless
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no responsibility for loss, damage or breakage that
may occur.
Gibson's Auctioneers & Valuers at the request
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E) CULTURAL HERITAGE EXPORT LICENCES
Unless otherwise agreed by us in writing, the fact
that the buyer wishes to apply for an export licence
does not affect his or her obligation to make full
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is the Buyer's responsibility to check Australia's
Protection of Moveable Cultural Heritage Act 1986
before purchase. If the Buyer requests Gibson's
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F) REMEDIES FOR NON-PAYMENT
If the Buyer fails to make full payment immediately,
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remedies (in addition to asserting any other rights
or remedies available under the law)
i) to charge interest at the ANZ visa credit
card rate as published weekly in the
Australian Financial Review
ii) to hold the defaulting Buyer liable for the
total amount due and to commence legal
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interest, legal fees and costs to the fullest
extent permitted under applicable law
iii) to cancel the sale
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on such terms as we see fit
v) to pay the Seller an amount up to the
net proceeds payable in respect of the
amount bid by the defaulting Buyer. In
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Auctioneers & Valuers in the event that
the item(s) are sold for an amount greater
than the original invoiced amount.
vi) to set off against any amounts which
Gibson's Auctioneers & Valuers may owe
the Buyer in any other transactions, the
outstanding amount remaining unpaid by
the Buyer.
vii) where several amounts are owed by
the Buyer to us, in respect of different
transactions, to apply any amount paid to
discharge any amount owed in respect of
any particular transaction, whether or not
the Buyer so directs.
viii) to reject at any future auction any bids
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obtain a deposit from the Buyer prior to
accepting any bids.
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appropriate
If we do sell the property under paragraph
(iv), then the defaulting Buyer shall be
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between the total amount originally
due to us and the price obtained upon
reselling as well as for all costs, expenses,
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arising from the default.
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paragraph (v) the Buyer acknowledges
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have all of the rights of the Seller, however
arising, to pursue the Buyer for such
amount.
G) FAILURE TO COLLECT PURCHASES
Where purchases are not collected within three (3)
days from the sale date, whether or not payment
has been made, we shall be permitted to remove
the property to a warehouse at the buyer's
expense, and only release the items after payment
in full has been made of removal, storage handling,
insurance and any other costs incurred, together
with payment of all other amounts due to us.
82 83
6. Extent of Gibson's Auctioneers &
Valuers Liability
Gibson's Auctioneers & Valuers 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
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in paragraph 7 below, neither the Seller ourselves,
our officers, agents or employees give any
representation warranty or guarantee or assume
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regard to merchantability, fitness for a particular
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attribution, authenticity, rarity, importance, medium,
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7. Limited Warranty
Subject to the terms and conditions of this
paragraph, the Seller warrants for the period of
fourteen (14) days from the date of the sale that
any property described in this catalogue (noting
such description may be amended by any saleroom
notice or announcement) which is stated without
qualification to be the work of a named author or
authorship is authentic and not a forgery. The term
"Author" or "authorship" refers to the creator of the
property or to the period, culture, source, or origin
as the case may be, with which the creation of such
property is identified in the catalogue.
The warranty is subject to the following:
i) it does not apply where a) the catalogue
description or saleroom notice
corresponded to the generally accepted
opinion of scholars and experts at
the date of the sale or fairly indicated
that there was a conflict of opinions,
or b) correct identification of a lot can
be demonstrated only by means of a
scientific process not generally accepted
for use until after publication of the
catalogue or a process which at the date
of the publication of the catalogue was
unreasonably expensive or impractical
or likely to have caused damage to the
property.
ii) the benefits of the warranty are not
assignable and shall apply only to the
original buyer of the lot as shown on
the invoice originally issued by Gibson's
Auctioneers & Valuers when the lot was
sold at Auction.
iii) the Original Buyer must have remained
the owner of the lot without disposing of
any interest in it to any third party
iv) The Buyer's sole and exclusive remedy
against the Seller in place of any other
remedy which might be available, is the
cancellation of the sale and the refund of
the original purchase price paid for the
lot less the buyers premium which is non
refundable. Neither the Seller nor Gibson's
Auctioneers & Valuers will be liable for
any special, incidental nor consequential
damages including, without limitation, loss
of profits not for interest.
v) The Buyer must give written notice of
claim to us within fourteen (14) 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 Gibson's Auctioneers
& Valuers to decide whether or not to
cancel the sale under warranty.
vi) the Buyer must return the lot to Seller in
the same condition that it was purchased.
8. Severability
If any part of these Conditions of Sale is found by
any court to be invalid, illegal or unenforceable,
that part shall be discounted and the rest of the
Conditions shall continue to be valid to the fullest
extent permitted by law.
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representation or warranty that the Buyer of
a property will acquire any copyright or other
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These terms and conditions and any matters
concerned with the foregoing fall within the
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which the auction is held.
11. Pre-Sale Estimates
Gibson's Auctioneers & Valuers 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
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parties should contact Gibson's Auctioneers
& Valuers prior to auction for updated pre-sale
estimates and starting prices.
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Gibson's Auctioneers & Valuers will provide auction
results, which will be available as soon as possible
after the sale. Results will include buyer's premium
(22% plus GST). These results will be posted at
www.gibsonsauctions.com.au.
13. Goods and Service Tax
In accordance with A New Tax System (Goods
and Services Tax) Act 1999 Gibson's Auctioneers
& Valuers Auctions will collect on behalf of the
Australian tax office (ATO) a Goods and Service Tax
(GST) of 10% on all applicable transactions.
GST is applicable on the hammer price in the case
where the seller is selling property that is owned by
an entity registered for GST. GST is also applicable
on the hammer price in the case where the seller is
not an Australian resident. These lots are denoted
by a dagger symbol † placed next to the estimate.
GST is also applicable on the buyer's premium.
Overseas buyers and buyers non-resident in
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price and premiums under the following conditions:
1. The items are exported through a Gibson's
Auctioneers & Valuers approved freight
company including Australia Post
2. The items are exported within 60 days of the
date of the sale
The invoice supplied by Gibson's Auctioneers &
Valuers for purchases will be regarded as a Tax
invoice for GST purposes.
14. Resale Royalty Scheme
Lots subject to payment of the Resale Royalty
Scheme will be denoted by the §. The Australian
Resale Royalty is a flat rate of 5% on the hammer
price (including GST). The Australian Resale Royalty
is payable by the seller in addition to the vendor
commission plus any applicable GST.
15. Jewels & Watches
GEMSTONES
Gemstones have historically been subjected to a
variety of treatments to enhance their appearance.
Sapphire and rubies are routinely heat treated to
improve their colour and clarity, similarly emeralds
are frequently treated with oils or resin for the
same purpose. Other treatments such as staining
or dyeing, irradiation, filling or coating may have
been used on other precious and semi-precious
gemstones and organic material. These treatments
may be permanent, whilst others may need special
care to preserve their appearance. Buyers should
assume that each lot has been subject to some
form of treatment and that the estimates reflect
this.
A number of laboratories issue certificates that
give detailed descriptions of gemstones, and in
the event that Gibson's Auctioneers & Valuers has
been supplied with or obtained certificates for any
lot, this shall be noted in the catalogue. However,
as there may not be consensus between different
laboratories on the degree, or types of treatment
of the gemstones, Gibson's Auctioneers & Valuers
supplies these without warranty.
Buyers should assume that all gemstones sold
by Gibson's Auctioneers & Valuers may have
been subjected to such treatments, and that the
catalogue estimates reflect this.
PEARLS
Pearls, like gemstones, are also subject to various
treatments. Buyers should assume that any pearls
sold by Gibson's Auctioneers & Valuers may have
been subjected to such treatments, and that the
catalogue estimates reflect this.
WATCHES
Please note: All watches sold by Gibson's
Auctioneers & Valuers are sold on an "as is"
basis. Gibson's Auctioneers & Valuers makes no
representation or warranty that any watch is in
working order. Many watches have been repaired
over their lifetime and may contain non-original
parts. The absence of any reference to the
condition of a watch does not imply that the lot is
in good condition and without defects, repairs or
restorations. Buyers should be aware that a general
service, change of battery or further repair work,
for which the Buyer is solely responsible for, may
be necessary.
ESTIMATED WEIGHTS
If a stone has a known weight, it has been weighed
out of the mount. If a stone has an estimated
weight, it is an approximate weight only and
has been measured by us in the mount and is
a statement of opinion only. The information is
given as a guide only and Buyers should satisfy
themselves with regard to this information as to
its accuracy

Buyers Premium

Gibson's charges 22% buyers premium. A 5% fee is payable to Invaluable that powers this platform.

Condition Reports

Condition reports are available by request by clicking more info

PAYMENT AND PASSING OF TITLE

The buyer must pay the full amount due
(comprising the hammer price, buyers premium and
any applicable taxes and GST) not later than three
(3) days after the auction date.
The buyer will not acquire title for the lot until
Gibson's Auctioneers & Valuers receives full
payment in cleared funds, and no goods under
any circumstances will be released without
confirmation of cleared funds received. This applies
even if the buyer wishes to send items interstate
or overseas.
Payment can be made by the following means:
• Bank Transfer/Direct Deposit is our preferred
method of payment
Bank: Bank of Melbourne
Account Name: Gibsons Auctions Pty Ltd
BSB: 193 879
Account No.: 441701443
Swift Code: SGBLAU2F
Routing Code: 021000021
Bank Address: 197-201 Glenferrie Road,
Malvern, Vic, 3144
The buyer is responsible for any bank fees and
charges applicable for the transfer of funds into
Gibson's Auctioneers & Valuers's account
• Personal, Company and Bank Cheques are not
accepted without prior approval.
• Eftpos (no charge)
• Credit cards: Visa and Mastercard (1.2% incl
GST merchant fee) and American Express (3%
incl GST merchant fee)
Please note that credit card transactions
over $5,000 will not be accepted over the
telephone unless by prior arrangement.
• Cash up to AU$10,000 can accepted in
cash. For any amount over this, cash is to be
deposited directly into our account at a Bank
of Melbourne/St George branch

PACKING, HANDLING AND SHIPPING

We would recommend using a professional service as we cannot take any responsibility for loss, damage or breakage that may occur if we pack the items. Please see below for a list of carriers.*:

Company: Bespoke Moves (International, interstate and local packing and shipping)
Contact: Sasha Voss Tiltins
Email: [email protected]
Phone: +61 (0) 417 119 040

Company: Pack & Send (International, interstate and local packing and shipping)
Contact: Kai
Email: [email protected]
Phone: +61 (3) 9682 2888

Company: Legacy Removals (Local removals)
Contact: Luke Matthews
Email: [email protected]
Phone: 0422 670 008

*Gibson's takes no responsibility whatsoever for the actions of any recommended third party.

GST

GST is applicable to the buyers premium in Australia.