High Court of Australia
1926.
v. HALioran,
Rich J.
jo le ding d Cont ioner Hes Pybus
gait Srp Bie
THE COMMISSIONER OF STAMP DUTIES )
THE PERPETUAL TRUSTEE COMPANY
HIGH COURT (1926.
H.C. or A. for what the Legislature did in the exercise of its constitutional powers, in the absence of express covenant applicable to such an Fiera event.
I concur in the opinion that the appeal should be dismissed. Ricu J. I agree that the appeal should be dismissed. Appeal dismissed with costs.
Solicitors for the appellant, Allen, Allen & Hemsley. Solicitors for the respondent, Minter, Simpson & Co.
Gens CT ip Dots, Ref to Chey Comro} Appl B.L.
Gonelery, Commoner Busi 996" Pes gam of site 8B or sate
erpetual Buckle 93 revenue V 'om of Sta
ria rn ak ARGS) ene, § = Bonar" Biss — Conerete
18 RUS GOB} 192
{HIGH COURT OF AUSTRALIA.)
(NEW: SOUTED WATES): «00s. 0 une iaeee ae
AND
LIMITED . 2 a : ~ RESPONDENT,
(QUIGLEY'S CASE.)
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.
H.C. or A, Stamp Duties—Conveyance—Deed of settlement—New beneficial interest—Trust for
1926.
—~
SypnEy, Aug. 12, 27.
Knox C.J., Isaacs, Gavan Dufty, 'Rich and Starke JJ.
settlor for life—Ad valorem duty—Stamp Duties Act 1920-1924 (N.S.W.) (No. 47 of 1920—No. 32 of 1924), secs. 65, 66 (1), 73 (1) (b), (c).
By sec. 66 (1) of the Stamp Duties Act 1920-1924 (N.S.W.) it is provided that '' Subject to the provisions of this Act every conveyance is to be charged with ad valorem duty in respect of the value of the property thereby conveyed." 'The expression " conveyance " is defined by sec. 65 as including (inter alia) a settlement. Sec. 73 (1) provides that certain instruments are not to be charged
38 C.L.R.] OF AUSTRALIA.
with ad valorem duty as conveyances, among them "(b) a conveyance under which no beneficial interest passes in the property conveyed, or made to a beneficiary by a trustee or other person in a fiduciary eapacity under any trust (whether expressed or implied) and not made for valuable consideration."
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate