IN THE HIGH COURT OF AUSTRALIA® G NEW SOUTH WALES REGISTRY. Ct Bk Number 9 of 1945 IN THE MATTER OF THE ESTATE I TY AcT 1914-1940 | AND IN TSE MATTER of the ESTATS WOW a ASSESSMENT ACT 1914-]940 _ AND IN THE MATTER of the Estate of 4 GWENDOLINE LILLIAN MARTIN late of Warrawee near Sydney in the State of New South Wales Married Woman deceased - BETWEEN ; HAROLD FREDERICK KENT and LAWRENCE WILLIAM HENDERSON MARTIN as Administrators of the Estate of Gwendoline Lillian Martin deceased and THE COMMISSIONER OF TAXATION for the Commonwealth of Australia WHITEHEAD FERRANTI & GREEN, Solicitors, 92 Pitt Street, SYDNEY. B1l592 = B1379 IN THE HIGH COURT OF AUSTRALIA ) NEW SOUTH WALES REGISTRY ) Ct Bk Number 9 of 1945 IN TH! MATTER of the Estate Duty Act 1914-1940 AND IN THE MATTER of the ESTAT! DUTY ASSESSMENT ACT 1914-1940 AND IN THE MATTER of the Estate of GWENDOLINE LILLIAN MARTIN late of Warrawee in the State of New South Wales Married Woman deceased BETY HAROLD FRIDERICK KENT and LAWRENCE WILLIAM HENDERSON MARTIN as Administrators of the Estate of Gwendoline Lillian Martin Appellants and THE COMMISSIONER OF TAXATION for the Commonwealth of Australia Respondent BEFORE His Honour Mr. Justice Williams MONDAY the Twenty secmd day of October one thousand TR. ie hundred and forty five. stat WHEREUPON AND UPON READING the said Notice of Appeal, the exhibits tendered in evidence by the abovenamed Appellants and by the above- named Respondent respectively AND UPON HEARING the oral evidence given by William Erskine Bain, David Walter Blackmore, Harold William Chancellor, William Ingland Joseph Whitely, Edgar Sidney Wolfenden, Aubrey Arnold Grant Harris, William Henry Medlicott Andrews, Lawrence William Henderson Martin, Wilfred Leonard Pogson Hind, George Martin Simpson, Harold Frederick Kent and Raymond Zani de Ferranti called on behalf of the Appellants and by Robert William Nelson and Robert Davis Bogan called on behalf of the Respondent AMD UPON HEARING what was alleged by Mr. C.A. Weston and Mr. F.W. Kitto both of King's Counsel with whom was Yzta. 'Kerrigan of Counsel Counsel with whom oned day that the said Appeal stand for judgment ing in the list for judgment this day IT IS ORDERED eal-be and the same is hereby allowed AND IT IS 1D that the existing assessment for Estate Duty made upon the Appellants under the Estate Duty Assessment Act 1914-1940 and notified to the Appellants by Notice of Assessment dated 19th May 1942 as amended by Notice of Amended Assessment dated Sth June 1942 be ER ORDERED that the and the same is hereby set aside and IT IS FU matter be remitted to the Respondent to re-assess the amount of Estate Duty payable by the Appellants in respect of the Estate of the said deceased on the basis as follows:;- is That the sum of Eight thousand three hundred and sixteen pounds (£8316) being moneys expended in and about the erection of a house on the property "Ashleigh" Four Mile Creek Via Orange was a debt due and owing by Gwendoline Lillian Martin to her husband at the date of her death within the meaning of Section 17 of the Estate Duty Assessment Act 1914-1940. 2. That the one hundred and sixty three thousand one hundred and forty one (163,141) ordinary shares of One pound each in Paper Products Pty Limited held by the Appellant Harold Frederick Kent as trustee of a certain Indenture of Settlement executed by Gwendoline Lillian Martin on the 16th day of December 1926 be valued for estate duty Purposes at the sum of Two pounds five shillings (£2:5:0) per share. AND If IS ALSQ ORDERED that it be referred to the proper Officer of this Court to tax and certify the Appellants' costs of and incidental to this Appeal and that two-thirds of such costs when so taxed and certified be paid by the Respondent to the Appellants or to their Solicitors Messieurs Whitehead Ferranti & Green after service of a copy of the Certificate of Taxation.