Clark Tait and Company v Federal Commissioner of Land Tax [1929] HCA 23

REPORTS OF CASES

DETERMINED IN THE

HIGH COURT OF AUSTRALIA

1929-1930.

{HIGH COURT OF AUSTRALIA.]

CLARK TAIT AND COMPANY AND

; APPELLANTS ; ANOTHER. . cate meee

AND

THE FEDERAL COMMISSIONER OF LAND

LUA 9 Yale et al AR ay ResronDENv.

Land Tax (Cth.)—Assessment—Crown lease created before commencement of Act— yy C, op A. Taxable interest of lessee—Unimproved value of leasehold estate—" Annual "1499, rent" —"Unexpired period of the lease" —Uncertainty—Land Tax Assessment — _, Act 1910-1927 (No. 22 of 1910—No, 30 of 1927), secs. 27, 28, 29—Land Acts sypnrv, 1910-1924 (Q.) (1 Geo. V. No. 15—15 Geo. V. No. 33), secs. 42, 43, 146, 'Aug. 12, 13.

'The owner of a leasehold estate in Crown lands in Queensland under a lease MnnouRNe, made or agreed to be made before the commencement of the Land Tar Oct. 15. Assessment Act 1910-1927 is not liable to pay land tax on the unimproved, ———, value of such land if, at the date of the material valuation on which assessment _ Isaacs,

Gavan Duffy, to tax was made, the annual rent reserved by the lease cannot be accurately "ich and ascertained and the unexpired period of the lease is of uncertain duration, St@*ke JJ-

'The appellants held five areas of land in Queensland under leases granted by the Crown under the Land Acts of that State. One of the said leases (which was typical of all) provided that the lessees should hold the land the subject matter thereof, for pastoral purposes only, for the term of 292 years from lst July 1904 at the rent therein provided until the Land Court constituted by the said Land Acts should otherwise determine and thereafter at such yearly rent as the said Land Court should from time to time determine. During the currency of the lease the rent was altered by the

H.C. oF A. 1929. ee

CLaRK 'Tarr & Co.

v FEDERAL Commis-

HIGH COURT [1929.