High Court of Australia
OF AUSTRALIA. 485
{HIGH COURT OF AUSTRALIA.}
QUEENSLAND TRUSTEES LIMITED % . APPELLANTS ; AND
THE DEPUTY FEDERAL on ar ommeame| A OF LAND TAX (QUEENSLAND). ESPONDENT.
Land Tax—Assessment—Deductions—A nnuity—Charge on land—Land Tax Assess- H.C. ov A. ment Act 1910-1916 (No. 22 of 1910—No. 33 of 1916), sec. 34. 1919. —_ Brisbane, July 23, Sypney, August 14.
A testator, who died before Ist July 1910, by his will devised his real estate in Brisbane to trustees " upon trust out of the clear annual income derived from the said lands hereditaments and premises to pay the several annuities hereinafter charged. *
Held, that such annuities were made a charge on the land within the
meaning of sec. 34 of the Land Tax Assessment Act 1910-1916, and that the Gayan'bumy
owner was entitled to the statutory deduction. and Rich JJ.
Cochrane v. Federal Commissioner of Land Tax, 21 C.L.R., 422, distinguished.
CASE STATED. On an appeal by the Queensland Trustees Ltd. to the Supreme Court of Queensland from an assessment of them as trustees of the will of William Perry, deceased, for land tax for the year 1916-1917, Chubb J. stated a case, substantially as follows, for the opinion of "the Full Court of the High Court :— ; '1. William Perry, hereinafter called "' the testator," died in 1882. His estate in Queensland consisted only of certain land in Brisbane 'on which a building was erected. 2, Queensland Trustees Ltd. are the present trustees of the Brisbane property under the will of the testator. 3. By his will, dated 15th June 1882, the testator devised the
486 HIGH COURT [1919.
H.C. or A. Brisbane property to trustees "upon trust out of the clear annual 1919.
income derived from the said lands hereditaments and premises to np pay the several annuities hereinafter charged," and as to any surplus
income of the Brisbane property, after answering the said charges, trusts and purposes, upon trust for Annie Perry, the wife of the rator's son William Perry, for her sole and separate use during
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