High Court of Australia
38 C.L.R.J OF AUSTRALIA.
[HIGH COURT OF AUSTRALIA.]
"CARMICHAEL AND OTHERS . , Fi . APPELLANTS ;
AND
'THE COMMISSIONER OF STAMP DUTIES ) eas CS PONDENTE.
ON APPEAL FROM THE SUPREME COURT OF QUEENSLAND.
Stamp Duty (Queensland) —" Settlement" —Deed of family arrangement—Property comprised therein—Portion settled on trust—Whole dutiable—Stamp Acts 1894- 1918 (Q.) (58 Vict. No. 8—9 Geo. V. No. 11), secs. 2, 4, Sched. 1.
By sec. 4 of the Stamp Acts 1894-1918 (Q.) it is provided that stamp duties to be charged, levied and collected upon the several instruments specified in the First Schedule shall be the several duties in the said Schedule specified. 'The Schedule includes "settlement, deed of gift, or voluntary conveyance (not being the appointment merely of a new trustee) of any property containing any trust, or any declaration of trust having the effect of such settlement, -deed, or conveyance"; and specifies ad valorem duty at varying rates per cent on "the amount or value of such property." By sec. 2, the expression "settlement" means " any contract, deed, or agreement (whether voluntary -or upon any good or valuable consideration other than a bona fide pecuniary consideration) whereby any property, real or personal, is settled or agreed to be settled in any manner whatsoever."
An indenture of family arrangement dealing with certain property contained ' provision whereby a portion of the property was settled upon certain trusts,
Held, by Knox C.J., Higgins and Gavan Duffy JJ. (Starke J. dissenting), that the whole instrument was a "settlement" within the meaning of sec, 2, and that the amount of duty payable under sec. 4 and the First Schedule was to be determined by the value of the whole of the property comprised in the 'instrument.
Decision of the Supreme Court of Queensland (Full Court): Carter v. 'Commissioner of Stamp Duties, (1926) 8.R. (Q.) 117, affirmed.
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