Commissioner of Stamp Duties (NSW) v Perpetual Trustee Company Limited [1929] HCA 27

43 CLR.

and the respondent succeeds. The appeal should be dismissed.

South Wales.

(NEW SOUTH WALES).

102 (2) (6)*.

_ *Sec, 102 of the Stamp Duties Act 1920-1924 (N.S.W.) provides that " For 'the of the assessment and Payment of death duty . . . the estate of a deceased person shall be fleomed to include and consist of the

wing classes of property:— . . . (2)... (6) Any property comprised in

Solicitor for the appellant, J. V.

Solicitors for the respondent, Macnamara & Smith.

OF AUSTRALIA.

Appeal dismissed with costs.

Tillett, Crown Solicitor for New

J.B.

(1) (1916) 2 A.C, 54.

(HIGH COURT OF AUSTRALIA.]

THE COMMISSIONER OF STAMP DUTIES

' APPELLANT ;

AND

PERPETUAL TRUSTEE COMPANY LIMITED Responpenr. (SAXTON'S CASE.)

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

any gift made by the deceased within three years before hisdeath . . . includ- ing any money paid or other property conveyed or transferred by the deceased within such period in pursuance of a covenant or agreement made at any time by him without full consideration in money or money's-worth" &.

Billposting, Lid. (1)—the case is outside the definition of property, H.C. or A.

1929. cz

Commas- SIONER OF Stamp Durres (N.S.W.)

Stamp Duties (N.S.W.)—Dutiable estate—Gift made within three years before death 1. C. or A. —Shares in company issued to members of deceased's family—Payment therefor by company's cheque debited to deceased's account in company's books—Subsequent transfer of such debits to accounts of said members of deceased's family in said books—Retransfer thereof to deceased's said account within three years July 30, 31. of his death—Pro rata extinguishment of debts by pre-existing credit balance— Stamp Duties Act 1920-1924 (N.S.W.) (No. 47 of 1920—No. 32 of 1924), sec.

1929. Ww

SYDNEY,

Merpourne,

Oct. 17.

Knox C..

S., who died on 30th September 1926, was a large shareholder in, and also Isaacs, Starke